Gillian Dale is an Associate with Hall & Evans, LLC. The below is an excerpt from her article published in the April 2010 issue of The Colorado Lawyer, vol. 39, no. 4.

"In Federal Express Corp. v. Holowecki, the U.S. Supreme Court resovled a split amont the circuits and ruled for the first time that a charging party can exhaust his or her administrative remedies under the Age Discrimination in Employment Act (ADEA) without filing a formal Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). Holowecki's approach, which has been applied ot other statutes by the Tenth Circuit, provides an expanded opportunity for a plainfiff to argue that he or she has exhausted his or her administrative remedies solely by completing intake documents with the EEOC."

"This article discusses the case law applying Holowecki and describes the Intake Questionnaire recently issued by the EEOC in response to that decision. If properly completed, the Intake Questionnaire provides charging parties with a simpler arguement that they have exhausted their administrative remedies through the EEOC, even if they never file a formal Charge of Discrimination."