Bettcher v. Brown Schools, Inc.

While the single filing rule permits a plaintiff to join individual ADEA actions, the rule does not allow a non-charging plaintiff to file a separate suit based upon the charge of a party that has not filed suit.

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Appeal from the United States District Court for the Western District of Texas

William Bettcher wants us to breathe new life into his age discrimination law suit, which was dismissed by the district court for failure to file a timely charge with the EEOC. He argues that the “single filing rule” rescues his claim. This carefully limited exception to the ADEA charge-filing requirement will sometimes allow a non-filing plaintiff to join the lawsuit of a similarly situated litigant who has filed the statutorily mandated charge. Bettcher, however, attempts to extend the rule to allow him to predicate his federal law suit on someone else’s EEOC charge, even when that person has not filed a lawsuit. Because Bettcher seeks an extension of the single filing rule not contemplated by our precedents, we AFFIRM the judgment of the district court.

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Bettcher v. Brown Schools, Inc.

While the single filing rule permits a plaintiff to join individual ADEA actions, the rule does not allow a non-charging plaintiff to file a separate suit based upon the charge of a party that has not filed suit.

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