Edelman v. Lynchburg College, 535 U.S. 106, 10 (2002)

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

Opinion of the Court

C

A complaint to the EEOC starts the agency down the road to investigation, conciliation, and enforcement, and it is no small thing to be called upon to respond. As we said before, the verification provision is meant to provide some degree of insurance against catchpenny claims of disgruntled, but not necessarily aggrieved, employees. In requiring the oath or affirmation, however, Congress presumably did not mean to affect the nature of Title VII as "a remedial scheme in which laypersons, rather than lawyers, are expected to initiate the process." EEOC v. Commercial Office Products Co., 486 U. S. 107, 124 (1988); Love v. Pullman Co., 404 U. S. 522, 527 (1972). Construing § 706 to permit the relation back of an oath omitted from an original filing ensures that the lay complainant, who may not know enough to verify on filing, will not risk forfeiting his rights inadvertently. At the same time, the EEOC looks out for the employer's interest by refusing to call for any response to an otherwise sufficient complaint until the verification has been supplied.9

We would be hard pressed to take issue with the EEOC's position after deciding Becker v. Montgomery, 532 U. S. 757

and there is no need to resolve deference issues when there is no need for deference.

9 The general practice of EEOC staff members is to prepare a formal charge of discrimination for the complainant to review and to verify, once the allegations have been clarified. See Brief for United States et al. as Amici Curiae 24. The complainant must submit a verified charge before the agency will require a response from the employer. See Brief for United States et al. as Amici Curiae on Pet. for Cert. 16.

Respondent argues that the employer will be prejudiced by these procedures because "there would be no deadline for verifying a charge." Brief for Respondent 34, n. 26. But this is not our case, which simply challenges relation back per se, and our understanding is that the EEOC's standard practice is to caution complainants that if they fail to follow up on their initial unverified charge, the EEOC will not proceed further with the complaint. See App. 57; Brief for United States et al. as Amici Curiae on Pet. for Cert. 17.

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