The EEOC Eliminates Three Bases for Dismissal of Charges Under Title VII and the ADA
The EEOC is eliminating three bases for dismissal of charges under Title VII and the Americans with Disabilities Act (ADA). Effective February 19, 2008, the Commission will no longer authorize dismissal when the charging party fails to cooperate, cannot be located or refuses to accept an offer of full relief for the harm alleged in the charge. The Commission added these grounds in 1977 as a case management tool, but now notes that they are no longer necessary, have caused confusion in the courts, and are inconsistent with procedures in the Age Discrimination in Employment Act (ADEA) and the Equal Pay Act. Once the rule takes effect, the only authorized grounds for dismissal will be when the Commission issues a no cause determination, a charge was untimely or a charge fails to state a claim on which relief can be granted.
