Tuesday, May 30, 2006

employment - discrimination - exhaustion of admin. remedies

EEOC v. Conectiv - ED Pa. - May 24, 2006

http://www.paed.uscourts.gov/documents/opinions/06D0640P.pdf

A plaintiff cannot file an individual employment discrimination action under Title VII, 42 USC 2000e et seq., for racial discrimination unless s/he has first filed charge with the EEOC or PHRC. The "single-filing rule" -- which allows a non-filing plaintiff to join a class action -- does not apply here, because plaintiff did not intervene, as of right or by permission, in the EEOC class action against the employer. Thus "failure to exhaust his administrative remedies is fatal to his individual Title VII action."