Edelman v. Lynchburg College, 535 U.S. 106, 4 (2002)

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Cite as: 535 U. S. 106 (2002)

Opinion of the Court

after the conduct alleged, 78 Stat. 259, 42 U. S. C. § 2000e- 5(e)(1) (1994 ed.), and to affirm or swear that the allegations are true, § 2000e-5(b). The issue here is the validity of an EEOC regulation permitting an otherwise timely filer to verify a charge after the time for filing has expired. We sustain the regulation.

I

On June 6, 1997, respondent Lynchburg College denied academic tenure to petitioner Leonard Edelman, who faxed a letter to an EEOC field office on November 14, 1997, claiming "gender-based employment discrimination, exacerbated by discrimination on the basis of . . . national origin and religion." App. 52. Edelman made no oath or affirmation.

On November 26, 1997, Edelman's lawyer wrote to the field office requesting an interview with an EEOC investigator and stating his "understanding that delay occasioned by the interview will not compromise the filing date, which will remain as November 14, 1997." Id., at 54. An EEOC employee replied to Edelman and advised him to arrange an interview with a member of the field office. Without referring to the lawyer's letter, the employee reminded Edelman that "a charge of discrimination must be filed within the time limits imposed by law." Id., at 57. In Edelman's case, the filing period was 300 days after the alleged discriminatory practice.1

After the interview, the EEOC sent Edelman a Form 5 Charge of Discrimination for him to review and verify by

1 A Title VII complainant generally has 180 days from the time of the alleged unlawful employment practice to file with the EEOC, 42 U. S. C. § 2000e-5(e)(1) (1994 ed.), but a 300-day filing period applies if the charging party "institute[s] proceedings with a State or local agency with authority to grant or seek relief" from unlawful employment practices. Ibid.; see also EEOC v. Commercial Office Products Co., 486 U. S. 107, 110 (1988). Virginia has such an agency, operating under a work-sharing agreement with the EEOC. See Tinsley v. First Union Nat. Bank, 155 F. 3d 435, 439-442 (CA4 1998).

109

Page:   Index   Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: October 4, 2007