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Cooperate with the EEOC or lose your case
October 21, 2005 by Ross Runkel at LawMemo
If you file a charge with the EEOC, and then fail to cooperate with the EEOC investigation, expect to lose your case when you go to court.
Davis Shikles, claiming his employer violated the Age Discrimination in Employment Act (ADEA), filed a charge with the EEOC.
Over the course of the next three months, Shikles and his attorney cancelled three scheduled telephone interviews with the EEOC investigator assigned to his case, failed repeatedly to return the investigator's telephone calls, and failed to submit information requested by the investigator. As a result, Shikles never provided the investigator with any information on his claim of discrimination beyond that contained in his initial EEOC charge.
The 10th Circuit concluded that Shikles had a duty to cooperate with the EEOC investigation, that failure to do so was a failure to exhaust administrative remedies, and the court lacked jurisdiction to hear his case.
- even though the statute does not require a claimant to cooperate
- even though the EEOC filed a brief saying such cooperation was not required
Shikles v. Sprint/United Management Co (10th Cir 10/20/2005).
My view: It all makes sense, of course. However, I dislike court decisions that have no statutory foundation.
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Editor: Ross Runkel, Professor of Law Emeritus. email Ross@LawMemo.Com, Phone 503-399-8028. Copyright LawMemo, Inc.
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