Federal Express Corporation v. Paul Holowecki, et. al.
Cite as 06-1322
February 27, 2008

US Supreme Court Affirmed the ruling of the Appellate Court

Federal Express Corporation, a provider of mail pick-up and delivery services to customers worldwide.

Respondents are 14 current and former FedEx couriers over the age 40. They filed a suit in the United States District court for the Southern District of New York on April 30, 2002 claiming:

• That the programs Best Practice Pays (BPP) and Minimum Acceptable Performance Standards (MAPS) violated the Age Discrimination in Employment Act (ADEA)


• That the (BPP) and (MAPS) were veiled attempts to force older workers out of the company before they would be entitled to receive retirement benefits.


• Alleged that FedEx used the initiatives as a pretext for harassing and discriminating against older couriers in favor of younger ones.

FedEx moved to dismiss respondent's action, contending she had not filed the "charge" required by §626(d). The respondent countered that her Form 283 and affidavit constituted a valid charge.

The district court grants FedEx’s motion to dismiss. However, it made these following pronouncements:

• That none of the plaintiffs had met the time limits and filing requirements of the ADEA;


• The ADEA requires that a plaintiff file a "charge" with the Equal Employment Opportunity Commission (EEOC) 60 days prior to filing suit.

Upon receiving the charge of discrimination, the EEOC notifies the employer of the accusation, investigates the matter, and offers to mediate.

Appeal followed and the Court of Appeals for the Second Circuit reversed the trial court’s ruling.

The Appellate court allowed Holowecki's suit to go forward.

Further, it held that, the minimal written information required for a charge was contained in the intake questionnaire. The questionnaire also met the ADEA's implicit requirement that the charge be intended to start the process of an ADEA suit.

Still Further, the Second Circuit did not consider it significant that the EEOC did not act on the questionnaire, apparently not believing it to count as a charge. To dismiss a complaint based on the EEOC's inaction would be to hold the plaintiff accountable for the failings of the agency.

The FedEx filed with the Supreme Court, for a Writ of Certiorari, to consider whether the respondent’s filing was a charge.

The United States Supreme Court affirmed the judgment of the appellate court.