U.S. Supreme Court
Employers need guidance from the Court on whether the EEOC intake form that claimants complete satisfies the charge filing requirement, thereby requiring the EEOC to notify the employer that a claim has been filed and try to reach voluntary resolution. Currently, the EEOC doesn't consider the intake form to be a formal charge (and therefore doesn't notify employers that a claim has been filed). Many courts, however, do consider the intake form to be a formal charge. Consequently, a plaintiff might be allowed to file a lawsuit despite the fact the employer hasn't received presuit notification envisioned by Title VII.
Status: DECIDED. Amicus brief filed in support of Federal Express Aug. 9, 2007. Oral argument held Nov. 6, 2007. Court ruled against the employer and found that the EEOC intake form constituted a charge.
