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06(b)[3] of the statute, the notice must include the date, place and the circumstances of the alleged unlawful employment practice so that the employer may be apprised of the nature of the charges against it. However, the name of the charging party need not be included. If the EEOC totally fails to notify an employer of the charges, the courts, as the District Court did in EEOC v. St. Annes Hospital of Chicago, Inc.,have ruled that the EEOC could not bring a suit on that charge. The Supreme Court in Shell Oil Co. v. EEOC held that notice was adequate, even while not technically perfect. The legislative history of Title VII is clear that untimely notice by the EEOC should not be an absolute bar to court action by the aggrieved party.
Also under Section 706(b), the EEOC is required to investigate the charge of discrimination to determine if reasonable cause exists to believe that the charge is true. If no reasonable cause exists, the EEOC shall dismiss the charge and promptly notify the charging and charged party of the dismissal. If reasonable cause exists, the EEOC “shall endeavor to eliminate any such alleged unlawful employment practices by informal methods of conference, conciliation and persuasion.” If those efforts fail, the EEOC may bring a civil suit against the employer in federal court under Section 706(f). If the EEOC does not bring suit within 180 days of the filing of the charge either by choice or because it dismissed the charge, the charging party may request notification, commonly referred to as a “right to sue” letter. Upon receipt of that letter, the charging party has 90 days to sue.
Thus, a charging party may not sue until she received a notice of dismissal by the EEOC or a right to sue letter. The charging party may demand a right to sue letter, even before the EEOC has made its reasonable cause determination, so long as the demand for the letter is 180 days after the EEOC charge is filed. However, the right to sue letter can be ...Show more
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In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved persons identity…
Legal Process Paper
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