6.100 Requirement to exhaust administrative remedies
6.200 General
principles involving exhaustion of administrative
remedies
6.400 Timeliness of administrative charge
6.500 Procedural issues specific to federal employees
6.600 [reserved]
6.700 EEOC regulations and guidelines
6.800 EEOC administrative investigation
6.100 Requirement to exhaust administrative remedies
6.110 Statutes requiring exhaustion of administrative remedies
6.111.02 Duty to file administrative charge
6.111.04 EEOC's reasonable cause determination
6.111.05 Time for making reasonable cause
determination
6.111.06 Charge shall first be filed with State or local
agency
6.111.07 Complainant may file suit without final
determination from State
or local agency
6.111.08 EEOC's duty to notify State or local agency if it
brings
a charge
6.111.09 Time for filing administrative charge
6.111.10 EEOC or Department of Justice may bring
lawsuit
6.111.11 Person aggrieved may intervene if EEOC or
Department of Justice brings a lawsuit
6.111.12 When person aggrieved may bring lawsuit
6.111.13 Court may appoint counsel and permit EEOC or
Department of Justice to intervene
6.111.14 EEOC or Department of Justice may seek
temporary or
preliminary relief
6.114 Rehabilitation Act claim of federal employee
6.120 Statutes not requiring exhaustion of administrative remedies
6.121 Equal Pay Act
6.122 42 U.S.C. § 1981
6.123 42 U.S.C. § 1983
6.124 Family and Medical Leave Act
6.125 Rehabilitation Act claim of non-federal employee
6.130 No duty to exhaust administrative remedies before filing suit to
enforce a settlement agreement
6.140 Whether employee is required to first exhaust employer's
internal
administrative remedies?
6.200 General
principles involving exhaustion of administrative
remedies
6.210 Overview of exhaustion requirement
6.211 Purpose of exhaustion requirement
6.212 Whether it is a jurisdictional prerequisite?
6.212.10 What if lawsuit is filed early?
6.213.10 Whether administrative remedies have been
exhausted
is a question of law
6.213.20 Standard of review is de novo
6.214 Whether dismissal for failure to exhaust administrative
remedies
is with prejudice?
6.215 Effect of EEOC right to sue letter on state exhaustion
requirements
6.216 Effect of employee's failure to cooperate with EEOC
investigation
6.217 Effect of EEOC's failure to address a claim
6.218 Effect of failure to name correct employer in charge
6.219 Complainant may withdraw charge with permission of
EEOC
6.310 Requirements of an administrative charge
6.311 Sufficiency of administrative charge
6.312 Whether intake questionnaire constitutes a charge
6.313 Verification of administrative charge
6.313.10 Charge must be verified
6.313.20 Verification requirement is not jurisdictional
6.313.30 EEOC regulation allowing verification to relate
back is
valid
6.313.40 Employer who responds to unverified charge on
the
merits waives the verification requirement
6.314 Single filing (or piggybacking) rule
6.314.20 Person who timely filed charge must file lawsuit
6.314.30 Person who has previously filed a charge may
not try
to piggyback onto someone else's EEOC
charge
6.322 Liberal construction of charges
6.323 "Like or reasonably related"
6.323.11 Retaliation claims arising before the
filing of
the EEOC charge
6.323.12 Retaliation claims arising after the
filing of
the EEOC charge
6.323.20 Disparate treatment claims
6.323.21 Whether underlying discrimination
claim is
within scope of charge
alleging retaliation
6.323.22 Age discrimination claim not within
scope of race discrimination
claim
6.323.23 Disability discrimination claim not
within scope of Title VII
claim
6.323.24 Disparate treatment claim not within
scope of hostile work
environment
claim
6.323.25 Whether discrimination based on facts
not mentioned in the
charge is within
the scope of the charge
6.323.26 Different types of disparate treatment
6.323.26.10 Failure to transfer claim
not
within scope of
charge alleging wrongful
termination
6.323.31 Co-worker harassment not within
scope of
supervisory harassment
charge
6.323.40 Reasonable accommodation claims
6.323.41 Whether ADA "reasonable
accommodation"
claim is within scope
of charge alleging
termination
"because of disability"
6.323.42 Whether Title VII religious
accommodation claim is within scope
of disparate treatment and
harassment
claims
6.323.50 Disparate impact claims
6.323.51
Whether disparate impact claim is
within scope of charge alleging
disparate treatment
6.323.52 Whether disparate impact claim is
within
scope of charge alleging
retaliation
6.323.60 Consideration of affidavit filed with the charge
6.324 Need to specify facts and/or legal theory
6.325 Effect of negligence of EEOC in filling out charge form
6.326 Scope of charge requirement does not apply to actions
brought by
EEOC
6.330 Response to administrative charge
6.331 Must employer raise all defenses in response to EEOC
charge?
6.400 Timeliness of administrative charge
6.411 Parties can agree to an abbreviated statute of limitations
6.421.10 Date notified of employer's decision
6.421.20 Date notified of employer's adoption of facially
neutral policy
6.422.10 Request for accommodation is a discrete act
6.422.20 Failure to remedy an unlawful employment
action is
not a discrete act
6.422.30 Collateral review does not toll limitations period
6.423.10 Hostile work environment claims
6.423.20 "Glass ceiling" claim
6.424.10 Constructive discharge
6.424.31 Maximum back pay period is two years
6.424.60 Tainted promotions roster
6.431 Necessity of timely filing with state or local agency
6.431.10 Whether charge is deemed to have "initially"
been filed
with state or local agency
6.431.20 State agency must have time to investigate
before charge is
filed with EEOC
6.431.21 Effect of worksharing agreement
6.432 Effect of failure to file with state or local agency
6.433 If state or local agency does not have subject matter
jurisdiction
over a particular claim, then the 180 day time
limit applies
6.440 Nondeferral states
6.450 Grounds for excusing late filing
6.451.10 No longer applies to discrete acts
6.453.20 Standard for availability of equitable estoppel
6.453.30 Employer's threat of retaliation does not extend
the statute of
limitations
6.454.11 Judge or jury question?
6.454.20 Standard for availability of equitable tolling
6.454.40 Due to plaintiff's mental disability
6.454.50 Due to attorney mistake
6.454.60 Due to employer's affirmative acts
6.454.70 Due to plaintiff's lack of English fluency
6.454.80 Tolling normally ceases upon retention of
attorney
6.460 Tolling while class certification is sought
6.461 Stacking of subsequent class actions
6.500 Procedural issues specific to federal employees
6.510 Civil Service Reform Act
6.520 EEOC's explanation of federal procedural requirements
6.523 Alternative Dispute Resolution (ADR)
6.524.10 Dismissals of EEO complaints
6.527 Final action by agencies
6.529.30 Mixed case complaints
6.530 General procedural issues
6.531 General duty to exhaust administrative remedies
6.531.10 Whether exhaustion requirement is
jurisdictional
prerequisite
6.531.20 Whether federal government has waived
exhaustion
defense
6.531.30 Whether employee can be excused based upon
a showing of futility
6.532 Federal government's duty to give notice of exhaustion
requirements
6.533 Mixed-case appeals to the Merit Service Protection Board
("MSPB")
6.533.10 Procedure for mixed-case appeals
6.533.20 Appeal of MSPB decision
6.534 Arbitration does not automatically defer employee's duty
to file
suit
6.535 Failure to accept "offer of full relief"
6.536 Federal employee can bring action simply to enforce a
favorable
EEOC order
6.540 ADEA exhaustion requirements
6.541 Alternative routes for bringing an ADEA claim
6.542 Effect of withdrawal of Merit Systems appeal on ability to
bring
ADEA action
6.550 Rehabilitation Act exhaustion requirements
6.560 Title VII exhaustion requirements
6.570 Appeal of final agency decision
6.571 Time for appeal of final agency decision
6.572 Standard of review on appeal of final agency decision
6.573 Can a successful plaintiff appeal only the size of the
administrative
award?
6.574 Can federal employee file suit seeking only an increase in
the
amount of attorney's fees awarded by the EEOC?
6.580 Whether exhaustion requirements apply to certain agencies
6.600 [reserved]
6.700 EEOC regulations and guidelines
6.710 Deference to regulations
6.800 EEOC administrative investigation
6.810 Non-assistance agreements
6.820 Scope of EEOC subpoena powers
6.821 Statutory authority
6.821.10 Title VII
6.823 Cases interpreting the EEOC's authority to issue
subpoenas
6.830 Release of EEOC investigation file
6.910 What if EEOC finds "reasonable cause"?