Crossing t’s and dotting i’s essential in EEOC charges

Football season is upon us, and so are the clichés associated with it. But clichés all contain kernels of truth, do they not? Here is one: “Football is a game of inches.” So, too, is employment discrimination litigation. For an education on this point and the importance of small details, read on.

The ‘t’ got crossed

Sonya R. Edwards worked for the Mesquite Independent School District as a substitute teacher. She claimed she was exposed to a racially hostile work environment. She also asserted she was fired on May 19, 2017, from one school and transferred to another. According to her, that, too, was due to her race.

As you likely know, a person claiming race discrimination must file a discrimination claim with the Equal Employment Opportunity Commission (EEOC) within 300 days of the unlawful act. A later lawsuit will be dismissed if that isn’t done. (This requirement is called “administrative exhaustion.”)

Well, Edwards didn’t let any grass grow beneath her feet and filed a Form 238—aka, an “intake questionnaire “—with the EEOC on May 22, 2017 (well within 300 days) and a Form 5—aka, a “charge of discrimination—(well outside the 300-day period). Form 5 is what we are all familiar with and is the standard form. The questionnaire contains pretty much the same information but has a different format in that it asks questions to be answered and not facts and allegations to be asserted.

But the ‘i’ didn’t get dotted