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Publisher Description

DUBINA, Circuit Judge: This appeal challenges an order of the district court which dismissed this case without prejudice1 and remanded it to the Equal Employment Opportunity Commission (""EEOC"" or ""Commission""). The district court based the order on its determination that it lacked subject matter jurisdiction because the EEOC has exclusive jurisdiction over discrimination charges for 180 days. The question we must resolve is whether a complainant is barred from bringing an action in federal district court until 180 days after filing his complaint with the EEOC. Because we hold that early issuance of a notice of right to sue based on the Commission's certification that it will be unable to process the charge within 180 days does not preclude a claimant from filing an action in federal court, we reverse the judgment of the district court.

GENRE
Professional & Technical
RELEASED
1994
June 9
LANGUAGE
EN
English
LENGTH
11
Pages
PUBLISHER
LawApp Publishers
SELLER
Innodata Book Distribution Services Inc
SIZE
58.1
KB

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