CASE PROCESSING PROCEDURES; CHARGE – Pleading Requirements
Single Topic for Decision 0853H
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1100.08000 – Pleading Requirements
Dismissal is upheld for failure to allege facts to support a prima facie case of discrimination/retaliation. Third amended charge, which appears to state several new allegations of discriminatory conduct by the employer, is properly dismissed by regional attorney because of charging party's failure to provide dates indicating whether the newly alleged conduct occurred within six months of the date of the third amended charge. Also, the new allegations were insufficient to establish a prima facie case because they were not alleged within six months of the original charge and the charging party failed to describe how the allegations were related to the original charge, if at all; p. 7.