OPINION OF THE COURT
FEDERAL EXPRESS CORP. V. HOLOWECKI
552 U. S. ____ (2008)
SUPREME COURT OF THE UNITED STATES
NO. 06-1322
FEDERAL EXPRESS CORPORATION, PETITIONER
v.
PAUL HOLOWECKI et al.
on writ of certiorari to the united states court of
appeals for the second circuit
[February 27, 2008]
Justice Kennedy delivered the
opinion of the Court.
This case arises under the Age
Discrimination in Employment Act of 1967 (ADEA or Act), 81 Stat.
602, as amended, 29 U. S. C. §621
et seq. When an
employee files “a charge alleging unlawful [age] discrimination”
with the Equal Employment Opportunity Commission (EEOC), the charge
sets the Act’s enforcement mechanisms in motion, commencing a
waiting period during which the employee cannot file suit. The
phrase, “a charge alleging unlawful discrimination,” is used in the
statute, §626(d), and “charge” appears in the agency’s implementing
regulations; but it has no statutory definition. In deciding what
constitutes a charge under the Act the Courts of Appeals have
adopted different definitions. As a result, difficulties have
arisen in determining when employees may seek relief under the ADEA
in courts of competent jurisdiction.
As a cautionary preface, we note that the EEOC
enforcement mechanisms and statutory waiting periods for ADEA
claims differ in some respects from those pertaining to other
statutes the EEOC enforces, such as Title VII of the Civil Rights
Act of 1964, 78 Stat. 253, as amended, 42 U. S. C. §2000e
et seq., and the Americans with Disabilities Act of 1990,
104 Stat. 327, as amended, 42 U. S. C. §12101
et seq.
While there may be areas of common definition, employees and their
counsel must be careful not to apply rules applicable under one
statute to a different statute without careful and critical
examination. Cf.
General Dynamics Land Systems, Inc. v.
Cline,
540
U. S. 581, 586–587 (2004). This is so even if the EEOC forms
and the same definition of charge apply in more than one type of
discrimination case.
I
Petitioner, Federal Express
Corporation (FedEx), provides mail pickup and delivery services to
customers worldwide. In 1994 and 1995, FedEx initiated two
programs, designed, it says, to make its 45,000-strong courier
network more productive. The programs, “Best Practice Pays” (BPP)
and “Minimum Acceptable Performance Standards” (MAPS), tied the
couriers’ compensation and continued employment to certain
performance benchmarks, for instance the number of stops a courier
makes per day.
Respondents are 14 current and
former FedEx couriers over the age of 40. They filed suit in the
United States District Court for the Southern District of New York
on April 30, 2002, claiming,
inter alia, that BPP and MAPS
violate the ADEA. Asserting that their claims were typical of many
couriers nationwide, respondents sought to represent a plaintiffs’
class of all couriers over the age of 40 who were subject to
alleged acts of age discrimination by FedEx. The suit maintains
that BPP and MAPS were veiled attempts to force older workers out
of the company before they would be entitled to receive retirement
benefits. FedEx, it is alleged, used the initiatives as a pretext
for harassing and discriminating against older couriers in favor of
younger ones.
The immediate question before us is the
timeliness of the suit filed by one of the plaintiffs below,
Patricia Kennedy, referred to here as “respondent.” Petitioner
moved to dismiss respondent’s action, contending respondent had not
filed her charge with the EEOC at least 60 days before filing suit,
as required by 29 U. S. C. §626(d). Respondent countered that
she filed a valid charge on December 11, 2001, by submitting EEOC
Form 283.
The agency labels Form 283 an “Intake
Questionnaire.” Respondent attached to the questionnaire a signed
affidavit describing the alleged discriminatory employment
practices in greater detail. The District Court determined these
documents were not a charge and granted the motion to dismiss. No.
02 Civ. 3355(LMM) (SDNY, Oct. 9, 2002), App. to Pet. for Cert. 39a.
An appeal followed, and the Court of Appeals for the Second Circuit
reversed. See 440 F. 3d 558, 570 (2006). We granted certiorari
to consider whether respondent’s filing was a charge, 551 U. S. ___
(2007), and we now affirm.
II
This case presents two distinct
questions: What is a charge as the ADEA uses that term? And were
the documents respondent filed in December 2001 a charge?
A
The relevant statutory provision
states:
“No civil action may be commenced
by an individual under [the ADEA] until 60 days after a charge
alleging unlawful discrimination has been filed with the Equal
Employment Opportunity Commission. …
. . . . .
“Upon receiving such a charge, the Commission shall promptly
notify all persons named in such charge as prospective defendants
in the action and shall promptly seek to eliminate any alleged
unlawful practice by informal methods of conciliation, conference,
and persuasion.” 29 U. S. C. §626(d).
The Act does not define charge.
While EEOC regulations give some content to the term, they fall
short of a comprehensive definition. The agency has statutory
authority to issue regulations, see §628; and when an agency
invokes its authority to issue regulations, which then interpret
ambiguous statutory terms, the courts defer to its reasonable
interpretations. See
Chevron U. S. A. Inc. v.
Natural Resources Defense Council, Inc.,
467 U. S. 837, 843–845
(1984). The regulations the agency has adopted—so far as they
go—are reasonable constructions of the term charge. There is little
dispute about this. The issue is the guidance the regulations
give.
One of the regulations, 29 CFR §1626.3 (2007),
is entitled “Other definitions.” It says: “
charge shall
mean a statement filed with the Commission by or on behalf of an
aggrieved person which alleges that the named prospective defendant
has engaged in or is about to engage in actions in violation of the
Act.” Section 1626.8(a) identifies five pieces of information a
“charge should contain”: (1)–(2) the names, addresses, and
telephone numbers of the person making the charge and the charged
entity; (3) a statement of facts describing the alleged
discriminatory act; (4) the number of employees of the charged
employer; and (5) a statement indicating whether the charging party
has initiated state proceedings. The next subsection, §1626.8(b),
however, seems to qualify these requirements by stating that a
charge is “sufficient” if it meets the requirements of
§1626.6—
i.e., if it is “in writing and … name[s] the
prospective respondent and … generally allege[s] the discriminatory
act(s).”
Even with the aid of the regulations the
meaning of charge remains unclear, as is evident from the differing
positions of the parties now before us and in the Courts of
Appeals. Petitioner contends an Intake Questionnaire cannot be a
charge unless the EEOC acts upon it. On the other hand some Courts
of Appeals, including the Court of Appeals for the Second Circuit,
take a position similar to the Government’s in this case, that an
Intake Questionnaire can constitute a charge if it expresses the
filer’s intent to activate the EEOC’s enforcement processes. See,
e.g.,
Steffen v.
Meridian Life Ins. Co.,
859 F. 2d 534, 542 (CA7 1988). A third view, which seems to
accord with respondent’s position, is that all completed Intake
Questionnaires are charges. See,
e.g.,
Casavantes
v.
California State Univ., Sacramento, 732 F. 2d
1441, 1443 (CA9 1984).
B
In support of her position that
the Intake Questionnaire she filed, taken together with the
attached six-page affidavit, meets the regulatory definition of a
charge, respondent places considerable emphasis on what might be
described as the regulations’ catchall or savings provision, 29 CFR
§1626.8(b). This seems to require only a written document with a
general allegation of discriminatory conduct by a named employer.
Respondent points out that, when read together, §§1626.8(b) and
1626.6 say that a “charge is sufficient when the Commission
receives … a written statement” that “name[s] the [employer] and …
generally allege[s] the discriminatory act(s).” Re- spondent views
this language as unequivocal and sees no basis for requiring that a
charge contain any additional information.
The EEOC’s view, as expressed in
the Government’s
amicus brief, however, is that the
regulations identify certain requirements for a charge but do not
provide an exhaustive definition. As such, not all documents that
meet the minimal requirements of §1626.6 are charges.
The question, then, becomes how to interpret
the scope of the regulations. Just as we defer to an agency’s
reasonable interpretations of the statute when it issues
regulations in the first instance, see
Chevron,
supra, the agency is entitled to further deference when it
adopts a reasonable interpretation of regulations it has put in
force. See
Auer v.
Robbins,
519 U. S. 452 (1997).
Under
Auer, we accept the agency’s position unless it is
“ ‘ “ plainly erroneous or inconsistent with the
regulation.” ’ ”
Id., at 461 (quoting
Robertson v.
Methow Valley Citizens Council,
490 U. S. 332,
359 (1989)).
In accord with this standard we accept the
agency’s position that the regulations do not identify all
necessary components of a charge; and it follows that a document
meeting the requirements of §1626.6 is not a charge in every
instance. The language in §§1626.6 and 1626.8 cannot be viewed in
isolation from the rest of the regulations. True, the structure of
the regulations is less than clear. But the relevant provisions are
grouped under the title, “Procedures—Age Discrimination in
Employment Act.” A permissible reading is that the regulations
identify the procedures for filing a charge but do not state the
full contents a charge document must contain. This is the agency’s
position, and we defer to it under
Auer.
C
This does not resolve the case.
While we agree with the Government that the regulations do not
state all the elements a charge must contain, the question of what
additional elements are required remains. On this point the
regulations are silent.
The EEOC submits that the proper
test for determining whether a filing is a charge is whether the
filing, taken as a whole, should be construed as a request by the
employee for the agency to take whatever action is necessary to
vindicate her rights. Brief for United States as
Amicus
Curiae 15. The EEOC has adopted this position in the
Government’s
amicus brief and in various internal
directives it has issued to its field offices over the years. See 1
EEOC Compliance Manual §2.2(b), p. 2:0001 (Aug. 2002); Memorandum
from Elizabeth M. Thornton, Director, Office of Field Programs,
EEOC, to All District, Area, and Local Office Directors et al.
(Feb. 21, 2002), on line at
http://www.eeoc.gov/charge/memo-2-21-02.html (hereinafter Thornton
Memo) (all Internet materials as visited Feb. 21, 2008, and
available in Clerk of Court’s case file); Memorandum from Nicholas
M. Inzeo, Director, Office of Field Programs, EEOC, to All
District, Field, Area, and Local Office Directors et al. (Aug. 13,
2007), on line at http://www.eeoc.gov/charge/memo-8-13-07.html. The
Government asserts that this request-to-act requirement is a
reasonable extrapolation of the agency’s regulations and that, as a
result, the agency’s position is dispositive under
Auer.
The Government acknowledges the regulations do
not, on their face, speak to the filer’s intent. To the extent the
request-to-act requirement can be derived from the text of the
regulations, it must spring from the term charge. But, in this
context, the term charge is not a construct of the agency’s
regulations. It is a term Congress used in the underlying statute
that has been incorporated in the regulations by the agency. Thus,
insofar as they speak to the filer’s intent, the regulations do so
by repeating language from the underlying statute. It could be
argued, then, that this case can be distinguished from
Auer. See
Gonzales v.
Oregon,
546 U. S. 243, 257
(2006) (the “near equivalence of the statute and regulation belies
[the case for]
Auer deference”);
Christensen v.
Harris County,
529 U. S. 576, 588
(2000) (an agency cannot
“under the guise of interpreting
a regulation … create
de facto a new regulation”).
It is not necessary to hold that
Auer
deference applies to the agency’s construction of the term charge
as it is used in the regulations, however. For even if
Auer deference is inapplicable, we would accept the
agency’s proposed construction of the statutory term, and we turn
next to the reasons for this conclusion.
D
In our view the agency’s policy
statements, embodied in its compliance manual and internal
directives, interpret not only the regulations but also the statute
itself. Assuming these interpretive statements are not entitled to
full
Chevron deference, they do reflect “ ‘a body of
experience and informed judgment to which courts and litigants may
properly resort for guidance.’ ”
Bragdon v.
Abbott,
524
U. S. 624, 642 (1998) (quoting
Skidmore v.
Swift
& Co.,
323
U. S. 134 (1944)). As such, they are entitled to a “measure of
respect” under the less deferential
Skidmore standard.
Alaska Dept. of Environmental Conservation v.
EPA,
540 U.
S. 461, 487, 488 (2004);
United States v.
Mead
Corp.,
533 U.
S. 218, 227–239 (2001).
Under
Skidmore, we
consider whether the agency has applied its position with
consistency.
Mead Corp., supra, at 228;
Good Samaritan
Hospital v.
Shalala,
508 U. S. 402, 417
(1993). Here, the relevant interpretive statement, embodied in the
compliance manual and memoranda, has been binding on EEOC staff for
at least five years. See Thornton Memo,
supra. True, as
the Government concedes, the agency’s implementation of this policy
has been uneven. See Brief for United States as
Amicus
Curiae 25. In the very case before us the EEOC’s Tampa field
office did not treat respondent’s filing as a charge, as the
Government now maintains it should have done. And, as a result,
respondent filed suit before the agency could initiate a
conciliation process with the employer.
These undoubted deficiencies in the agency’s
administration of the statute and its regulatory scheme are not
enough, however, to deprive the agency of all judicial deference.
Some degree of inconsistent treatment is unavoidable when the
agency processes over 175,000 inquiries a year.
Id., at
19, n. 10. And although one of the policy memoranda the
Government relies upon was circulated after we granted certiorari,
the position the document takes is consistent with the EEOC’s
previous directives. We see no reason to assume the agency’s
position—that a charge is filed when the employee requests some
action—was framed for the specific purpose of aiding a party in
this litigation. Cf.
Bowen v.
Georgetown Univ.
Hospital,
488
U. S. 204, 212–213 (1988).
The EEOC, moreover, has drawn our attention to
the need to define charge in a way that allows the agency to
fulfill its distinct statutory functions of enforcing
antidiscrimination laws and disseminating information about those
laws to the public. Cf.
Barnhart v.
Walton,
535 U. S. 212,
225 (2002) (noting that deference is appropriate in “matters of
detail related to [an agency’s] administration” of a statute). The
agency’s duty to initiate informal dispute resolution processes
upon receipt of a charge is mandatory in the ADEA context. See 29
U. S. C. §626(d) (“[T]he Commission … shall promptly seek to
eliminate any alleged unlawful practice by informal methods of
conciliation, conference, and persuasion”); Cf.
Lopez v.
Davis,
531
U. S. 230, 241 (2001) (noting that Congress’ use of the term
“ ‘shall’ ” indicates an intent to “impose discretionless
obligations”). Yet, at the same time, Congress intended the agency
to serve an “educational” function. See Civil Rights Act of 1964,
§705(i), 78 Stat. 259;
id., §705(g)(3) (noting that the
Commission shall have the power to “furnish to persons subject to
this title such technical assistance as they may request”).
Providing answers to the public’s questions is a critical part of
the EEOC’s mission; and it accounts for a substantial part of the
agency’s work. Of about 175,000 inquiries the agency receives each
year, it dockets around 76,000 of these as charges. Brief for
United States as
Amicus Curiae 19, n. 10. Even
allowing for errors in the classification of charges and
noncharges, it is evident that many filings come from individuals
who have questions about their rights and simply want
information.
For efficient operations, and to effect
congressional intent, the agency requires some mechanism to
separate information requests from enforcement requests.
Respondent’s proposed standard, that a charge need contain only an
allegation of discrimination and the name of the employer, falls
short in this regard. Were that stripped-down standard to prevail,
individuals who approach the agency with questions could end up
divulging enough information to create a charge. This likely would
be the case for anyone who completes an Intake Questionnaire—which
provides space to indicate the name and address of the offending
employer and asks the individual to answer the question, “What
action was taken against you that you believe to be
discrimination?” App. to Pet. for Cert. 43a. If an individual knows
that reporting this minimal information to the agency will mandate
the agency to notify her employer, she may be discouraged from
consulting the agency or wait until her employment situation has
become so untenable that conciliation efforts would be futile. The
result would be contrary to Congress’ expressed desire that the
EEOC act as an information provider and try to settle employment
disputes through informal means.
For these reasons, the definition of charge
respondent advocates—
i.e., that it need conform only to 29
CFR §1626.6—is in considerable tension with the structure and
purposes of the ADEA. The agency’s interpretive position—the
request-to-act requirement—provides a reasonable alternative that
is consistent with the statutory framework. No clearer alternatives
are within our authority or expertise to adopt; and so deference to
the agency is appropriate under
Skidmore. We conclude as
follows: In addition to the information required by the
regulations,
i.e., an allegation and the name of the
charged party, if a filing is to be deemed a charge it must be
reasonably construed as a request for the agency to take remedial
action to protect the employee’s rights or otherwise settle a
dispute between the employer and the employee.
Some Courts of Appeals have referred to a
“ ‘manifest intent’ ” test, under which, in order to be
deemed a charge, the filing must demonstrate “an individual’s
intent to have the agency initiate its investigatory and
conciliatory processes.” 440 F. 3d, at 566 (case below); see
also
Wilkerson v.
Grinnell Corp., 270 F. 3d
1314, 1319 (CA11 2001);
Steffen, 859 F. 2d, at 543;
Bihler v.
Singer Co., 710 F. 2d 96, 99 (CA3
1983). If this formulation suggests the filer’s state of mind is
somehow determinative, it misses the point. If, however, it means
the filing must be examined from the standpoint of an objective
observer to determine whether, by a reasonable construction of its
terms, the filer requests the agency to activate its machinery and
remedial processes, that would be in accord with our
conclusion.
It is true that under this permissive standard
a wide range of documents might be classified as charges. But this
result is consistent with the design and purpose of the ADEA. Even
in the formal litigation context,
pro se litigants are
held to a lesser pleading standard than other parties. See
Estelle v.
Gamble,
429 U. S. 97, 106 (1976)
(
Pro se pleadings are to be “liberally construed”). In the
administrative context now before us it appears
pro se
filings may be the rule, not the exception. The ADEA, like Title
VII, sets up a “remedial scheme in which laypersons, rather than
lawyers, are expected to initiate the process.”
EEOC v.
Commercial Office Products Co.,
486 U. S. 107, 124
(1988); see also
Oscar Mayer & Co. v.
Evans,
441 U. S. 750,
756 (1979) (noting the “common purpose” of Title VII and the ADEA).
The system must be accessible to individuals who have no detailed
knowledge of the relevant statutory mechanisms and agency
processes. It thus is consistent with the purposes of the Act that
a charge can be a form, easy to complete, or an informal document,
easy to draft. The agency’s proposed test implements these
purposes.
Reasonable arguments can be made that the
agency should adopt a standard giving more guidance to filers,
making it clear that the request to act must be stated in quite
explicit terms. A rule of that sort might yield more consistent
results. This, however, is a matter for the agency to decide in
light of its experience and expertise in protecting the rights of
those who are covered by the Act. For its decisions in this regard
the agency is subject to the oversight of the political branches.
Cf.
National Cable & Telecommunications Assn. v.
Brand X Internet Services,
545 U. S. 967, 980
(2005) (“Filling these gaps [in ambiguous statutes] involves
difficult policy choices that agencies are better equipped to make
than courts”). We find no reason in this case to depart from our
usual rule: Where ambiguities in statutory analysis and application
are presented, the agency may choose among reasonable
alternatives.
E
Asserting its interest as an
employer, petitioner urges us to condition the definition of
charge, and hence an employee’s ability to sue, upon the EEOC’s
fulfilling its mandatory duty to notify the charged party and
initiate a conciliation process. In petitioner’s view, because the
Commission must act “[u]pon receiving such a charge,” 29 U.
S. C. §626(d), its failure to do so means the filing is not a
charge.
The agency rejects this view, as
do we. As a textual matter, the proposal is too artificial a
reading of the statute to accept. The statute requires the
aggrieved individual to file a charge before filing a lawsuit; it
does not condition the individual’s right to sue upon the agency
taking any action.
Ibid. (“No civil action may be
commenced by an individual under [the ADEA] until 60 days after a
charge alleging unlawful discrimination has been filed with the
Equal Employment Opportunity Commission”); Cf.
Edelman v.
Lynchburg College,
535 U. S. 106, 112–113
(2002) (rejecting the argument that a charge is not a charge until
the filer satisfies Title VII’s oath or affirmation requirement).
The filing of a charge, moreover, determines when the Act’s time
limits and procedural mechanisms commence. It would be illogical
and impractical to make the definition of charge dependent upon a
condition subsequent over which the parties have no control. Cf.
Logan v.
Zimmerman Brush Co.,
455 U. S. 422, 444
(1982) (Powell, J., concurring in judgment).
III
Having determined that the agency
acted within its authority in formulating the rule that a filing is
deemed a charge if the document reasonably can be construed to
request agency action and appropriate relief on the employee’s
behalf, the question is whether the filing here meets this test.
The agency says it does, and we agree. The agency’s determination
is a reasonable exercise of its authority to apply its own
regulations and procedures in the course of the routine
administration of the statute it enforces.
Respondent’s completed intake
form contained all of the information outlined in 29 CFR §1626.8,
including: the employee’s name, address, and telephone number, as
well as those of her employer; an allegation that she and other
employees had been the victims of “age discrimination”; the number
of employees who worked at the Dunedin, Florida, facility where she
was stationed; and a statement indicating she had not sought the
assistance of any government agency regarding this matter. See App.
265.
Petitioner maintains the filing was still
deficient because it contained no request for the agency to act.
Were the Intake Questionnaire the only document before us we might
agree its handwritten statements do not request action. The design
of the form in use in 2001, moreover, does not give rise to the
inference that the employee requests action against the employer.
Unlike EEOC Form 5, the Intake Questionnaire is not labeled a
“Charge of Discrimination,” see
id., at 275. In fact the
wording of the questionnaire suggests the opposite: that the form’s
purpose is to facilitate “pre-charge filing counseling” and to
enable the agency to determine whether it has jurisdiction over
“potential charges.”
Id., at 265. There might be instances
where the indicated discrimination is so clear or pervasive that
the agency could infer from the allegations themselves that action
is requested and required, but the agency is not required to treat
every completed Intake Questionnaire as a charge.
In this case, however, the completed
questionnaire filed in December 2001 was supplemented with a
detailed six-page affidavit. At the end of the last page,
respondent asked the agency to “[p]lease force Federal Express to
end their age discrimination plan so we can finish out our careers
absent the unfairness and hostile work environment created within
their application of
Best Practice/High-Velocity Culture
Change.”
Id., at 273. This is properly construed as a
request for the agency to act.
Petitioner says that, in context, the
statement is ambiguous. It points to respondent’s accompanying
statement that “I have been given assurances by an Agent of the U.
S. Equal Employment Opportunity Commission that this Affidavit will
be considered confidential by the United States Government and will
not be disclosed as long as the case remains open unless it becomes
necessary for the Government to produce the affidavit in a formal
proceeding.”
Id., at 266. Petitioner argues that if
respondent intended the affidavit to be kept confidential, she
could not have expected the agency to treat it as a charge. This
reads too much into the assurance of nondisclosure. Respondent did
not request the agency to avoid contacting her employer. She stated
only her understanding that the affidavit itself would be kept
confidential. Even then, she gave consent for the agency to
disclose the affidavit in a “formal proceeding.” Furthermore,
respondent checked a box on the Intake Questionnaire giving consent
for the agency to disclose her identity to the employer.
Id., at 265. Here the combination of the waiver and
respondent’s request in the affidavit that the agency “force” the
employer to stop discriminating against her were enough to bring
the entire filing within the definition of charge we adopt
here.
Petitioner notes that respondent did file a
Form 5 (a formal charge) with the EEOC but only after she filed her
complaint in the District Court. This shows, petitioner argues,
that respondent did not intend the earlier December 2001 filing to
be a charge; otherwise, there would have been no reason for the
later filing. What matters, however, is whether the documents filed
in December 2001 should be interpreted as a request for the agency
to act. Postfiling conduct does not nullify an earlier, proper
charge.
Documents filed by an employee with the EEOC
should be construed, to the extent consistent with permissible
rules of interpretation, to protect the employee’s rights and
statutory remedies. Construing ambiguities against the drafter may
be the more efficient rule to encourage precise expression in other
contexts; here, however, the rule would undermine the remedial
scheme Congress adopted. It would encourage individuals to avoid
filing errors by retaining counsel, increasing both the cost and
likelihood of litigation.
IV
The Federal Government interacts
with individual citizens through all but countless forms,
schedules, manuals, and worksheets. Congress, in most cases,
delegates the format and design of these instruments to the
agencies that administer the relevant laws and processes. An
assumption underlying the congressional decision to delegate
rulemaking and enforcement authority to the agency, and the
consequent judicial rule of deference to the agency’s
determinations, is that the agency will take all efforts to ensure
that affected parties will receive the full benefits and
protections of the law. Here, because the agency failed to treat
respondent’s filing as a charge in the first instance, both sides
lost the benefits of the ADEA’s informal dispute resolution
process.
The employer’s interests, in
particular, were given short shrift, for it was not notified of
respondent’s complaint until she filed suit. The court that hears
the merits of this litigation can attempt to remedy this deficiency
by staying the proceedings to allow an opportunity for conciliation
and settlement. True, that remedy would be imperfect. Once the
adversary process has begun a dispute may be in a more rigid cast
than if conciliation had been attempted at the outset.
This result is unfortunate, but, at least in
this case, unavoidable. While courts will use their powers to
fashion the best relief possible in situations like this one, the
ultimate responsibility for establishing a clearer, more consistent
process lies with the agency. The agency already has made some
changes to the charge-filing process. See Brief for United States
as
Amicus Curiae 3, n. 2 (noting that the Intake
Questionnaire form respondent filed has been replaced with a
reworded form). To reduce the risk of further misunderstandings by
those who seek its assistance, the agency should determine, in the
first instance, what additional revisions in its forms and
processes are necessary or appropriate.
The judgment of the Court of Appeals is
affirmed.
It is so ordered.
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