Amending and Jurisdictional Issues

A charge of discrimination must be made in writing, signed by the complainant, and sworn to under oath. The charge must also identify the parties and contain a clear and concise statement of the facts that constitute the alleged discrimination on the basis of disability. Technical deficiencies in the charge may be waived under certain circumstances, and a charge may be amended to cure its defects or omissions. Although the EEOC may supply the complainant with an ''official'' blank charge form, the complainant is not obliged to use the EEOC's form but may instead file a letter or other document sworn to under oath that contains all the above-described elements. Furthermore, the Commission's Title VII compliance procedures require that before a charge is taken a determination be made as to whether the Commission has jurisdiction. If it is determined that the EEOC does not have jurisdiction, then the individual is to be advised of this fact and referred to another agency, if appropriate. Should the person insist on filing the charge, the charge must be accepted, but it will be dismissed immediately by the Commission.