Wilkerson v. Grinnell Corp.

• Decision Date: 22 October 2001
• Docket Number: No. 00-13915,00-13915
• Parties: (11th Cir. 2001) CAROL WILKERSON, Plaintiff-Appellant, v. GRINNELL CORPORATION, Defendant-Appellee
• Court: U.S. Court of Appeals — Eleventh Circuit

Page 1314

270 F.3d 1314 (11th Cir. 2001)

CAROL WILKERSON, Plaintiff-Appellant, v. GRINNELL CORPORATION, Defendant-Appellee.

No. 00-13915

UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT

October 22, 2001

Appeal from the United States District Court for the Southern District of Georgia, D. C. Docket No. 99-00133-CV-BAE-6

Before BIRCH, COX and ALARCON^*, Circuit Judges.

COX, Circuit Judge:

Carol Wilkerson sued Grinnell Corporation, asserting, inter alia, claims under Title VII. The district court granted summary judgment on her Title VII claims because she failed to file a timely charge of discrimination and harassment with the EEOC. Since we conclude that Wilkerson filed a timely EEOC charge, we vacate the district court's grant of summary judgment on the Title VII claims and remand the case.

I. BACKGROUND

The essential facts relevant to this appeal are undisputed. Wilkerson is a black female who began working for Grinnell in July 1995. (R.-17 at 1.) On August 19, 1997, Grinnell terminated her employment. Wilkerson immediately contacted the EEOC and explained her situation. (R.-18 at 132-33.) The EEOC sent her an "Employment Discrimination Complaint Questionnaire," and she answered and returned it. (R.-18 at 133.) The EEOC received this intake questionnaire on August 23, 1997. (R.-18-Ex.10 at 1.)

In her responses to the intake questions, Wilkerson alleged race and sex discrimination by Grinnell. (R.-18-Ex. 10 at 1-2.) She included her full name, address, and telephone number, as well as the name and address of Grinnell. (R.-18-Ex. 10 at 1). She listed the names of two employees involved in the alleged discrimination. (R.-18-Ex. 10 at 1.) Wilkerson attached to the questionnaire a seven-page narrative detailing specific instances of discrimination and harassment and naming the particular individuals involved in each instance. (R.-18-Ex. 10 at 5-12.) She also named nine individuals who had direct knowledge of these alleged acts. (R.-18-Ex. 10 at 4 & 13.) On the third page of the form, Wilkerson signed her name under the following italicized statement: "I swear or affirm under penalty of perjury that the provided information is truthful and correct to the best of my knowledge." (R.-18-Ex. 10 at 4.)

By September, the EEOC had not contacted Wilkerson, so she called the EEOC. (R.-18 at 139.) Wilkerson's EEOC contact said that there were a lot of people ahead of Wilkerson and that the EEOC takes people as they come. (R.-18 at 139.) Wilkerson confirmed that her EEOC contact knew the date of her discharge, and she awaited her turn. (R.-18 at 139.)

In June 1998, Wilkerson called the EEOC again and spoke with Marvin Frazier. (R.-18 at 139.) Frazier told her that the EEOC had mailed further questions to her in October 1997. (R.-18 at 139.) Wilkerson responded that she had not received the questions. (R.-18 at 139.) At the end of the conversation, Frazier told Wilkerson that the EEOC would proceed on the basis of her questionnaire. (R.-18 at 139.) The EEOC then issued a Notice of Charge of Discrimination to Grinnell on June 24, 1998. (R.-18-Ex. 18.) This Notice informed Denny Young, the Human Resource Manager at Grinnell, of Wilkerson's allegations that "she was discharged from her employment, disciplined and intimidated in her employment because of her race, Black and sex, female." (R.-18-Ex.18.)

After further review of Wilkerson's file, the EEOC dismissed Wilkerson's charge as untimely and issued a notice of right to sue in April 1999. (R.-18-Ex. 19.) Wilkerson, on the advice of an attorney, visited the EEOC in person. (R.-18 at 140.) She spoke with Lynn Jordan, who again reviewed Wilkerson's file and determined that her intake questionnaire constituted a timely charge. (R.-18 at 145.) On July 2, 1999, Jordan revoked the prior notice of right to sue, which had found the charge untimely. (R.-18-Ex. 20.) Wilkerson then requested a right to sue letter (R.-18 at 145-46), and the letter was issued on July 8, 1999. (R.-18-Ex. 21.) Wilkerson filed her complaint, pro se, on August 11. (R.-1.)

II. PROCEDURAL HISTORY

The district court adopted the magistrate judge's report and recommendation, which concluded that Grinnell was due summary judgment because Wilkerson's intake questionnaire was unverified and, accordingly, could not constitute a charge under 42 U.S.C. § 2000e-5(b). (R.-24 at 6.)

III. ISSUES ON APPEAL

Wilkerson contends that the district court committed reversible error by determining that her intake questionnaire was unverified. Grinnell does not dispute that Wilkerson's charge was in fact verified. Instead, Grinnell urges us to affirm the district court on an alternative ground, namely that Wilkerson's intake questionnaire, even if verified, did not constitute a timely charge under Title VII. We will consider, then, whether Wilkerson's intake questionnaire constituted a timely charge in the circumstances of this case.

IV. STANDARD OF REVIEW

This court reviews a grant of summary judgment de novo, applying the same familiar standards as the district court. See Witter v. Delta Air Lines, Inc., 138 F.3d 1366, 1369 (11th Cir. 1998).

V. DISCUSSION

Before a potential plaintiff may sue for discrimination under Title VII, she must first exhaust her administrative remedies. See Crawford v. Babbitt, 186 F.3d 1322, 1326 (11th Cir. 1999). The first step down this path is filing a timely charge of discrimination with the EEOC. See 42 U.S.C. § 2000e-5(b) (1994); Alexander v. Fulton County, 207 F.3d 1303, 1332 (11th Cir. 2000). For a charge to be timely in a non-deferral state such as Georgia, it must be filed within 180 days of the last discriminatory act. See 42 U.S.C. § 2000e-5(e)(1) (1994); Howlett v. Holiday Inn, Inc., 49 F.3d 189, 197 (6th Cir. 1995).

Besides being timely, charges of discrimination "shall be in writing under oath or affirmation and shall contain such information and be in such form as the [EEOC] requires." 42 U.S.C. § 2000e-5(b) (1994); Pijnenburg v. West Ga. Health Sys., Inc., 255 F.3d 1304, 1307 (11th Cir. 2001); Vason v. City of Montgomery, 240 F.3d 905, 907 (11th Cir. 2001). EEOC regulations state that a charge "shall be in writing and signed and shall be verified." 29 C.F.R. § 1601.9 (2000). To be verified, a charge must be "sworn to or affirmed before a notary public, designated representative of the Commission, or other person duly authorized by law to administer oaths and take acknowledgments, or supported by an unsworn declaration in writing under penalty of perjury." 29 C.F.R. § 1601.3(a) (2000).

At the end of her intake questionnaire, Wilkerson signed the following statement: "I swear or affirm under penalty of perjury that the provided information is truthful and correct to the best of my knowledge." (R.-18-Ex. 10 at 4.) This declaration plainly satisfies the verification requirements of Title VII and EEOC regulations. The district court's determination to the contrary is in error.

However, Grinnell asserts that we may affirm the district court on alternative grounds. Indeed, when the district court's reasoning is in error, we may still consider whether the district court's judgment is correct. See Solitron Devices, Inc. v. Honeywell, Inc., 842 F.2d 274, 278 (11th Cir. 1988). Grinnell maintains that Wilkerson filed an intake questionnaire instead of a charge. Since the EEOC draws a sharp distinction between an intake questionnaire and a charge, says Grinnell, an intake questionnaire does not activate the administrative process, preventing EEOC reconciliation and investigation. Grinnell further contends that an intake questionnaire does not trigger notice to the employer and, thus, results in prejudice to the employer. Therefore, according to Grinnell Wilkerson's charge should be deemed untimely. Wilkerson, on the other hand, asks us to adopt a functional approach to the charge filing requirement by finding that her intake questionnaire constituted a charge for purposes of the statute of limitations.

To resolve this dispute, we must begin, of course, with Title VII itself. Title VII mandates only that a charge be verified and in writing. See 42 U.S.C. § 2000e-5(b) (1994). In addition to these statutory requirements, Title VII grants the EEOC broad discretion to determine in what form a charge must come and what information it must contain. See 42 U.S.C. § 2000e-5(b) (1994); Clark v. Coats & Clark, Inc., 865 F.2d 1237, 1240 (11th Cir. 1989).

EEOC regulations do distinguish between charges and intake questionnaires, but the distinction is not as sharp as Grinnell contends. Section 1601.6 states only that the EEOC "shall receive information concerning alleged violations." 29 C.F.R. § 1601.6(a) (2000). "Where the information discloses that a person is entitled to file a charge," the EEOC may assist in the filing of the charge. Id. In practice, the EEOC uses intake questionnaires to receive information. But the regulations do not speak of intake questionnaires and do not state that intake questionnaires may never constitute charges.

EEOC regulations do establish charge requirements, however. According to the regulations, charges "should contain" certain information. 29 C.F.R. § 1601.12(a) (2000).¹ However, even if a charge does not contain the suggested information, the EEOC will deem a charge minimally sufficient when it receives from the charging party "a written statement sufficiently precise to identify the parties, and to describe generally the action or practices complained of." 29 C.F.R. § 1601.12(b) (2000). Furthermore, a charge may be amended to cure technical defects, to clarify or amplify allegations, or to allege additional unlawful acts. See id. The requirements for a charge are, indeed, "very minimal." EEOC v. Mississippi Coll., 626 F.2d 477, 483 (5th Cir. 1980).

Once a sufficient charge is filed, Title VII provides that notice of the charge "shall be served" within ten days on the person against whom the charge is made. 42 U.S.C. § 2000e-5(e)(1) (1994)....