## Facts

- Federal Express Corp. implemented performance and compensation policies that allegedly disadvantaged couriers over age 40.
- Patricia Kennedy, a FedEx courier over 40, believed the policies violated the Age Discrimination in Employment Act (ADEA).
- In December 2001, Kennedy submitted to the EEOC a Form 283 intake questionnaire and a detailed affidavit describing alleged age discrimination by FedEx.
- The ADEA bars a civil action until 60 days after a “charge” is filed with the EEOC, but the statute does not define “charge.”
- In April 2002, more than 60 days after Kennedy’s submission, Kennedy and other employees filed an ADEA lawsuit against FedEx.
- FedEx argued the lawsuit was premature because Kennedy had filed only an intake questionnaire and affidavit and the EEOC did not process them as a formal charge (including by notifying FedEx).

## Issues

1. Whether an EEOC intake questionnaire and accompanying affidavit can qualify as a “charge” under 29 U.S.C. § 626(d) when the EEOC did not treat the submission as a charge.
2. What minimum content and intent a submission must reflect to constitute an ADEA “charge.”

## Decision

- The Supreme Court affirmed the Second Circuit, holding (7–2) that Kennedy’s submission qualified as an ADEA “charge.”
- The Court adopted an EEOC interpretation: beyond the basic regulatory information, a filing must be reasonably construed as a request for the EEOC to take remedial action or otherwise resolve the dispute.
- Kennedy’s documents named FedEx, alleged age discrimination, and objectively indicated a desire for agency action.
- The EEOC’s failure to process the filing as a charge did not negate its status; a claimant should not be penalized for agency inaction.

## Legal Principles

- An ADEA “charge” requires (1) a written submission identifying the employer and generally alleging discriminatory acts, and (2) content that can reasonably be read as requesting EEOC remedial action or dispute resolution.
- Courts assess the objective import of the employee’s submission, not the EEOC’s later labeling or internal processing.
- Deference may be given to reasonable agency interpretations where statutory text is ambiguous and regulations are incomplete.

## Conclusion

A claimant satisfies the ADEA’s administrative prerequisite by submitting a writing that names the employer, alleges age discrimination, and can reasonably be understood as seeking EEOC intervention, even if the EEOC does not treat the submission as a formal charge.


Fed. Express Corp. v. Holowecki, 552 U.S. 389 (2008)