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Keywords

subpoenapleadiscriminationconciliation
jurisdictionsubpoenadiscoverypleamotionregulationcivil rightsconciliation

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Shell Oil Co. v. United States E. E. O. C., 689 F.2d 757 (Mem), 29 Fair Empl.Prac.Cas. (BNA) 1519

Facts

The EEOC filed a charge against Shell Oil Co. alleging discrimination against Blacks and females in various employment practices. The charge claimed that Shell had violated Title VII by failing to recruit, hire, promote, and train individuals based on race and sex. However, the panel found that the charge did not provide adequate factual details, particularly regarding the dates and circumstances of the alleged unlawful practices, which was necessary for Shell to understand the scope of the investigation.

The disputed charge is as follows: Pursuant to the provisions of Sections 706 and 707 of the Civil Rights Act of 1964, as amended, 42 U.S.C. Section 2000e et seq, (supp v. 1975) I charge the following employer with unlawful employment practices: Shell Oil Company… I believe that the above employer is within the jurisdiction of the Equal Employment Opportunity Commission and has violated and continues to violate Sections 703 and 707 of the Civil Rights Act of 1964, as amended, by discriminating against Blacks and females on the basis of race and sex with respect to recruitment, hiring, selection, job assignment, training, testing, promotion, and terms and conditions of employment.

Issue

Did the charge filed by the EEOC against Shell Oil Co. provide sufficient factual allegations to support the enforcement of an administrative subpoena under Title VII?

Did the charge filed by the EEOC against Shell Oil Co. provide sufficient factual allegations to support the enforcement of an administrative subpoena under Title VII?

Rule

A charge under Title VII must provide adequate notice of the factual basis for the allegations to allow the employer to understand the scope of the investigation and to determine whether conciliation is appropriate.

Adequate notice of the factual basis for the charge enables the parties to determine whether conciliation is an appropriate remedy and aids the court and the employer in determining what evidence is relevant for discovery and what records must be retained in accordance with EEOC regulations.

Analysis

The court applied the rule by examining the details provided in the EEOC's charge against Shell. It determined that the charge's reliance on the effective date of Title VII as the starting point for alleged violations did not provide sufficient factual basis for the claims. The court emphasized that without adequate factual allegations, the charge appeared to be a 'fishing expedition' and failed to give Shell sufficient notice of the claims against it.

The panel found fatal to this charge the fact that the EEOC used July 2, 1965, the effective date of title VII, as the beginning date of Shell's title VII violation. Use of such a date, the panel concludes, fails to notify Shell of the parameters of the investigation because the charge contains no factual basis in the allegations supporting that date.

Conclusion

The court held that the EEOC's charge was insufficient to support the subpoena and remanded the case to allow the EEOC to amend the charge to comply with Title VII's requirements.

The cause was subsequently remanded to the district court, 523 F.Supp. 79, to allow the EEOC an opportunity to amend the charge to comply with section 706(b).

Who won?

Shell Oil Co. prevailed in the case because the court found that the EEOC's charge did not meet the necessary factual pleading standards required under Title VII.

Shell Oil Co. prevailed in the case because the court found that the EEOC's charge did not meet the necessary factual pleading standards required under Title VII.

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