Milestones: 1988

Congress passes the Age Discrimination Claims Assistance Act of 1988 (ADCAA) thereby reinstating the rights of Age Discrimination in Employment Act (ADEA) charging parties to file a private lawsuit beyond the two or three year statute of limitations for an additional 540 days (18 months). This Congressional extension permits EEOC to complete the administrative processing of backlogged ADEA charges while the charging party retains his or her right to file a lawsuit.

The Supreme Court in EEOC v. Commercial Office Products, clarifies the relationship between EEOC and state and local Fair Employment Practice Agencies (FEPAs). The Court holds that a FEPA's decision to waive Title VII's 60-day deferral period pursuant to a worksharing agreement "terminates" state proceedings and permits EEOC immediately to deem the charge filed and begin processing. The Court also rules that a charging party who files a charge that is untimely under state law is nonetheless entitled to Title VII's longer 300 day federal filing period rather than the180 day period.

The Supreme Court in Watson v. Fort Worth Bank & Trust, in a unanimous opinion, declares that the disparate impact analysis can be applied to subjective or discretionary selection practices. In the past, the Court had applied disparate impact only to tests and other presumptively objective practices.

The Commission resolves a record 540 lawsuits either through litigation or settlement securing approximately $55 million for the victims of discrimination.

Next: 1989