108
Opinion of the Court
requirements supports the relation-back cure. Moreover, the legislative history indicates that Congress amended Title VII several times without once casting doubt on the EEOC's construction. Pp. 115-118.
(d) This Court's judgment does not reach the District Court's conclusion that Edelman's letter was not a charge under Title VII because neither Edelman nor the EEOC treated it as one. The Court notes, however, that that view has some support at the factual level in that the EEOC admittedly failed to comply with § 706(e)(1)'s requirement that "notice of the charge . . . be served upon the person . . . charge[d] within ten days" of filing with the EEOC. Edelman's counsel agrees with the Government that the significance of the delayed notice to the College will be open on remand. Pp. 118-119.
228 F. 3d 503, reversed and remanded.
Souter, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Kennedy, Thomas, Ginsburg, and Breyer, JJ., joined. Thomas, J., filed a concurring opinion, post, p. 119. O'Connor, J., filed an opinion concurring in the judgment, in which Scalia, J., joined, post, p. 120.
Eric Schnapper argued the cause for petitioner. With him on the briefs was Elaine Charlson Bredehoft.
Lisa S. Blatt argued the cause for the United States et al. as amici curiae urging reversal. With her on the brief were Solicitor General Olson, Assistant Attorney General Boyd, Deputy Solicitor General Clement, Paul R. Q. Wolfson, Philip B. Sklover, and Barbara L. Sloan.
Alexander W. Bell argued the cause for respondent. With him on the brief was Mary V. Barney.*
Justice Souter delivered the opinion of the Court.
The scheme of redress for employment discrimination under Title VII of the Civil Rights Act of 1964, as amended, requires a complainant to file a "charge" with the Equal Employment Opportunity Commission within a certain time
*Ann Elizabeth Reesman and Rae T. Vann filed a brief for the Equal Employment Advisory Council as amicus curiae urging affirmance.
Paula A. Brantner filed a brief for the National Employment Lawyers Association as amicus curiae.
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