This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Connie L. Lensing, congress requires timely notice and an opportunity for conciliation before an age‑discrimination private suit may be brought.
According to MS. LENSING, the regulations, like the statutes, require notice, but the EEOC’s internal memos and compliance manual are not part of the record.
According to Mr. Rose, the respondent argues that the EEOC failed to docket a filing that was not a Form 5, which prevented proper processing.
Background and question before the Court
What each side argues
Petitioner (Federal Express Corporation)
According to Connie L. Lensing, congress requires timely notice and an opportunity for conciliation before an age‑discrimination suit may be filed.
According to MS. LENSING, the EEOC’s regulations require notice, but the agency’s internal memos and compliance manual, which are not part of the record, also guide the definition of a charge.
According to Petitioner (Connie L. Lensing), according to Petitioner (Connie L. Lensing), confidentiality concerns arise from the intake questionnaire, and statistics show that conciliation before filing works in practice.
Respondent (Paul Holowecki)
According to Mr. Rose, the EEOC failed to docket a filing that was not a Form 5, preventing proper processing of the charge.
What happened at oral argument
According to Chief Justice Roberts, chief Justice Roberts questioned the parties about their reliance on Chevron and Auer deference to agency regulations.
Justice Breyer asked why the parties could not complain if notice was not given.
According to Justice Scalia, justice Scalia inquired why the EEOC might have “lost” a charge because a number was not given.
Justice Scalia asked how to fix the situation when notice and conciliation have not been provided.
According to Chief Justice Roberts, chief Justice Roberts noted that the case was submitted after the oral argument concluded.
What the Court decided
Why it matters
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 9cde1bdc10e16eff299a-r1-8be5ec2bc1d71a65.pdforal argument transcript
Guide generated September 22, 2026. Automated validation accepted this version.