Is Cooperation with the EEOC an Implied Requirement for Exhaustion of Administrative Remedies?

Abstract

Prior to filing a lawsuit against an employer for discrimination, a claimant must first file a complaint with the EEOC in order to exhaust administrative remedies. The federal employment discrimination statutes do not explicitly require a claimant to cooperate with the EEOC investigation prior to filing suit in federal court, as long as the claimant receives a right-to-sue letter from the EEOC. The circuits are split as to whether a cooperation requirement should be read-in to the statutes. Future decisions should follow the Seventh Circuit, which does not require a claimant to cooperate, because although counter-intuitive at first glance, allowing noncooperation will ultimately further the most important purpose of the antidiscrimination statutes — eliminating discrimination in employment, while affording claimants fair notice of their responsibilities in pursuing a claim.