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BOST v. FEDERAL EXPRESS CORP.

No. 03-13408.

372 F.3d 1233 (2004)

Anthony W. BOST, individually and on behalf of others similarly situated, Ronald Clausnitzer, individually and on behalf of others similarly situated, et al., Plaintiffs-Appellants, v. FEDERAL EXPRESS CORPORATION, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

June 8, 2004.

Attorney(s) appearing for the Case

David L. Rose, Rose & Rose, PC, Washington, DC, for Plaintiffs-Appellants.

Carl K. Morrison, Memphis, TN, Cathy J. Beveridge, Hala A. Sandridge, Fowler, White, Gillen, Boggs, Villareal & Banker, P.A., Tampa, FL, for Defendant-Appellee.

Before ANDERSON, HULL and PRYOR, Circuit Judges.

PRYOR, Circuit Judge:

The main issue in this appeal is whether an EEOC intake questionnaire and affidavit satisfy the requirements of an EEOC charge when these documents state that they are for "pre-charge filing counseling," the EEOC does not treat them as a charge, and the employee later files a timely charge. We conclude, in this circumstance, that the intake questionnaire and affidavit do not constitute an EEOC charge because these forms would not have suggested...

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