Philbin v. General Electric Capital Auto Lease, Inc.

929 F.2d 321, 1991 U.S. App. LEXIS 5420, 56 Empl. Prac. Dec. (CCH) 40,674, 55 Fair Empl. Prac. Cas. (BNA) 867
CourtCourt of Appeals for the Seventh Circuit
DecidedApril 5, 1991
DocketNo. 90-2945
StatusPublished
Cited by18 cases

This text of 929 F.2d 321 (Philbin v. General Electric Capital Auto Lease, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Philbin v. General Electric Capital Auto Lease, Inc., 929 F.2d 321, 1991 U.S. App. LEXIS 5420, 56 Empl. Prac. Dec. (CCH) 40,674, 55 Fair Empl. Prac. Cas. (BNA) 867 (7th Cir. 1991).

Opinion

PER CURIAM.

Ann Philbin filed an action alleging that her employer, General Electric Credit Auto Lease, discriminated against her in violation of Title VII. The district court held that Philbin failed to file the charge with the EEOC within the 300-day period required by statute, and therefore could not proceed with her Title VII claim in district court. The issue on appeal is whether the Intake Questionnaire filled out by Philbin within that 300-day period, in the circumstances of this case, should satisfy the statutory requirement.

I

The relevant facts are as follows. Ms. Philbin resigned from her job on August 5, 1988, and submitted a written and signed Intake Questionnaire to the EEOC on April 24, 1989 — within the statutory time limit for the filing of a charge. The questionnaire was not signed under oath or affirmation. At that time, she also signed a note indicating that she wished to file a sex discrimination charge. The EEOC assigned a charge number to the claim, and mailed a Notice of Charge of Discrimination to Philbin’s employer. Using the information in the Intake Questionnaire, the EEOC drafted a formal charge. That charge was sent to Philbin on June 6, 1990, and she was instructed to sign and return it within 30 days. Philbin complied with those instructions, and a copy of the formal charge was sent to her employer. On November 30, 1989, the EEOC issued a right to sue letter to Philbin.

The district court dismissed Philbin’s subsequent Title VII action because Philbin had failed to file a verified charge with the EEOC within the 300-day limitations period. The court held that the Intake Questionnaire did not constitute a charge because it was not signed under oath or affirmation, and the statute requires that charges be verified in that manner. Since the charge was filed after the 300-day time period, the court dismissed the action.

II

As was stated, the central issue in this case is whether the timely Intake Questionnaire in conjunction with the subsequently-filed charge satisfied the statutory time [323]*323bar for Title VII claims.1 A number of other circuits have addressed the issue, and all have found that the timely-filed Intake Questionnaire which is subsequently verified satisfies the statutory requirement that the charge be under oath or affirmation. On the other hand, some district court decisions in this circuit have explicitly rejected the reasoning employed by those circuits, and have held that the charge is untimely.

The debate centers around the difference between 42 U.S.C. § 2000e-5(b) and a regulation promulgated pursuant to that statute, 29 C.F.R. § 1601.12(b). Section 2000e-5(b) provides, in relevant part, that “[cjharges shall be in writing under oath or affirmation and shall contain such information and be in such form as the Commission requires.” This statute has been interpreted by a number of district courts in this circuit as mandating that the charge be in writing and under oath, and only according discretion to the EEOC to determine the content and form of the charge. See e.g. Sparkman v. Combined Intl., 690 F.Supp. 723 (N.D.Ill.1988); Proffit v. Keycom Electronic Publishing, 625 F.Supp. 400 (N.D.Ill.1985), overruled on other grounds, Gilardi v. Schroeder, 833 F.2d 1226 (7th Cir.1987). The EEOC in 29 C.F.R. § 1601.12(a) defined the contents of the charge, as provided for in the statute.2 No one disputes that the Intake Questionnaire in this case satisfied those requirements. In § 1601.12(b), however, the EEOC then stated that “[a] charge may be amended to cure technical defects or omissions, including failure to verify the charge_ Such amendments ... will relate back to the date the charge was first received.” 29 C.F.R. § 1601.12(b). The district court decisions hold that the statute requires that a complaint be in writing and under oath or affirmation before it can be considered a charge for purposes of Title VII. Therefore, those courts have held that the EEOC is exceeding the authority of the statute in allowing a written statement to constitute a charge for purposes of the time bar before the statement is verified by oath or affirmation. The circuit courts of appeals that have addressed the issue hold that the EEOC has the power to decide that a subsequent verification of a written statement relates back to the date of the initial filing and satisfies the statutory requirement. See e.g. Peterson v. City of Wichita, Kansas, 888 F.2d 1307 (10th Cir.1989); Price v. Southwestern Bell Telephone Co., 687 F.2d 74, 77-78 n. 3 (5th Cir.1982); Casavantes v. California State University, Sacramento, 732 F.2d 1441 (9th Cir.1984). We find the reasoning of the circuit courts of appeals persuasive, and hold that an intake questionnaire which is later verified may be sufficient to constitute a charge in some circumstances.

First, Title VII is remedial legislation which must be construed liberally. Peterson, 888 F.2d at 1309. In accordance with this principle, courts should avoid technical interpretations of its procedural provisions which would defeat those remedial purposes. Casavantes, 732 F.2d at 1442; Price, 687 F.2d at 77-78 n. 3; Waiters v. Robert Bosch Corp., 683 F.2d 89, 92 (4th Cir.1982) (failure to include employer's address in affidavit was technical defect which did not affect the timeliness of the charge). In Choate v. Caterpillar Tractor Co., 402 F.2d 357 (7th Cir.1968), we discussed the validity of a charge which had not been signed under oath as required by the statute, and held that the verification requirement related solely to the adminis[324]*324trative rather than the judicial features of the statute. 402 F.2d at 359. We then stated that “the provision is directory and technical rather than mandatory and substantive.” 402 F.2d at 359. That conclusion has been echoed in a number of more recent cases from other circuits. See Peterson, 888 F.2d at 1308-09; Price, 687 F.2d at 77-79; Casavantes, 732 F.2d at 1442. In keeping with the broad purposes of the act, the omission of technical requirements which are later fulfilled should not affect the timeliness or validity of the charge.

A second relevant factor is the deference accorded EEOC regulations. In Gilardi v. Schroeder, 833 F.2d 1226

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929 F.2d 321, 1991 U.S. App. LEXIS 5420, 56 Empl. Prac. Dec. (CCH) 40,674, 55 Fair Empl. Prac. Cas. (BNA) 867, Counsel Stack Legal Research, https://law.counselstack.com/opinion/philbin-v-general-electric-capital-auto-lease-inc-ca7-1991.