New York, NY asked in Employment Law and Employment Discrimination for New York

Q: If the EEOC complaint does not have certain parties named, does that mean I cannot add them to a summons and complaint

If the EEOC complaint does not have certain parties named, does that mean I cannot add them and other claims to a summons and complaint later on?

2 Lawyer Answers

V. Jonas Urba

  • Employment Law Lawyer
  • Tarrytown, NY
  • Licensed in New York

A: You need to amend your Form 5 EEOC charge while it is still at the EEOC or file a new one ASAP if you have not missed the filing deadline. Adding parties regarding claims that the EEOC has jurisdiction over is not a good idea. You might miss a statute of limitations deadline and/or the Court might dismiss for untimeliness or failure to exhaust administrative remedies.

John J. P. Howley

  • Employment Law Lawyer
  • New York, NY
  • Licensed in New York

A: As a general rule, you cannot sue a defendant under Title VII unless they were named in the underlying EEOC charge. There are some exceptions, but those exceptions are very complicated. There are also ways to expedite the process of naming a missing defendant. My question to you is: Why do you not have a lawyer who can handle all of these very complicated procedural and jurisdictional issues for you? If you have a strong case, many employment lawyers will represent you on a full or partial contingency fee basis (in other words, they do not receive their fee unless you win).

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