An Administrative Battle of the Forms: The EEOC’s Intake Questionnaire and Charge of Discrimination

This Note argues that the EEOC’s interpretation of Title VII as reflected in its regulations is consistent with underlying statutory intent and strikes an appropriate balance between the needs of employers and employees. Therefore, Congress should amend section 706(b) of Title VII of the Civil Rights Act of 1964 to provide that a charge must be verified prior to the commencement of an EEOC investigation but not necessarily within the statutory filing period. Part I examines the legislative history of Title VII and its integrated procedures for obtaining administrative and judicial relief. Part II critiques the various ways in which federal courts have attempted to resolve the conflict between the explicit oath requirement contained in the statute and the EEOC’s implementing regulations which permit subsequent verification of a lesser submission. Part III argues that Congress should amend the statute to coincide with the courts’ movement toward a more flexible standard. This Note concludes that the purposes of Title VII would best be served by amending the statute to permit subsequent verification of timely filed intake questionnaires.