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When to File New EEOC Charge

      EEOC Charges, Part Deux. 

A recent decision in federal court in Philadelphia, Salvato v. City of Philadelphia, provides a helpful tutorial in the law relating to when an employee must file a new EEOC charge in relation to alleged retaliation and adverse actions that happen after the original charge filing.

In a nutshell, if the adverse action occurs while the EEOC is investigating the claim, then a new or updated charge must be filed unless the adverse actions are “fairly within the scope of an EEOC complaint,” which often is difficult to determine. But with regard to acts that occur after the EEOC has closed its investigation and issued a right to sue notice, a new EEOC charge is required.

For plaintiffs and their counsel, the decision is a reminder to update and amend their EEOC charges when new claims arise after the filing of the original charge. For employers and their counsel, the decision highlights a winning defense to claims that arise late in the process.

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