Commentary: Missing Final Page Ok for Discrimination Claim

Summary

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The U.S. Court of Appeals for the Second Circuit decided the case of Ximines v. George Wingate High School on Feb. 20, holding that, while the 2004 incident was not part of the EEOC charge, it could still comprise part of the federal lawsuit if the incident was reasonably related to charges properly filed with the EEOC.

The decision is based on the theory that a proper investigation by the EEOC will uncover the missing allegation even though it's not specifically alleged in the EEOC complaint. A long line of cases sets the precedent, most recently Williams v. New York City Housing Auth., 458 F.3d 67, 70 (Second Cir. 2006).

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Extract

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Commentary: Missing Final Page Ok for Discrimination Claim

The plaintiff alleged that, from 2002 through 2004, she was denied certain promotions because of her age. ...

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