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Justices Scold EEOC for Lapses In Age Discrimination Lawsuit

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All of the justices who spoke -- Justice Clarence Thomas, who headed the EEOC in the 1980s, was the only one to not ask questions -- expressed frustration with the case, but the hour-long argument also produced some of the most memorable lines of the young term.

Scalia, for instance, several times refused to buy Lensing's argument that under the law, even if an employee files a proper charge with the EEOC, it does not become a valid charge until and unless the agency notifies the company. Scalia said that made no sense.

"I understand your reluctance to accept that definition, but -- " Lensing began.

Scalia interrupted: "Yes, only because I'm sane."

Lensing joined in the laughter, adding, "A point well taken."

The crowd also liked it when David L. Rose, the lawyer representing the FedEx employees, said he was sure that the EEOC had received a later, formal charge from Kennedy after she had filed the initial complaint.

"I sent it to the EEOC by, I think, FedEx," Rose said.

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