Who is named as the respondent in the EEOC charge?
The third question involves the identity of the person the employee actually named as the respondent-employer in the EEOC discrimination charge. While it may seem like an elementary inquiry, the failure to identify a party as a respondent in an EEOC discrimination charge may preclude the employee from naming the party as a defendant in a later lawsuit. In a 1984 opinion, U.S. District Court Judge Matthew J. Perry, Jr., explained: An aggrieved party is required to proceed through the conciliation process of [the] EEOC prior to [filing] a lawsuit. However, a party not named as respondent in the EEOC charge does not have notice of the EEOC proceeding nor the opportunity to participate in the conciliation procedures conducted by [the] EEOC. Therefore, to make unnamed respondents to the EEOC charge parties to a Title VII lawsuit based upon that EEOC complaint would circumvent the Congressional mandate. Consequently, the naming of [other defendants not named in the EEOC charge] in this compl
Related Questions
- If an employee is Sexually Harassed by a co-worker who is not a supervisor and the employer takes quick action and either transfers or terminates the sexual harasser?
- What if the employer uses a supervisor or employee or consultant to undertake the Risk Management on their behalf?
- Who is named as the respondent in the EEOC charge?
