Daily Labor Report®

Justices Pass on Chance for New Look at EEOC Charge-Filing Rules

Jan. 11, 2021, 2:45 PM

The U.S. Supreme Court Monday declined to examine whether a worker claiming disability discrimination satisfied EEOC presuit administrative requirements when he filed a sworn charge with the agency eight months after filing an unverified intake questionnaire.

Vantage Drilling International and related companies sought high court review of the case. They said the Fifth Circuit misread Supreme Court precedent when it found David Poston’s later-verified intake questionnaire constituted a “charge” that fulfilled the Americans with Disabilities Act’s requirement that a worker commence administrative proceedings with the Equal Employment Opportunity Commission within 300 days of alleged discrimination.

Poston, who had a heart...

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