Howlett v. Holiday Inns, Inc.

I would affirm the judgment of the district court denying plaintiffs’ motion to amend their complaint to join Appellant MeNeely as a plaintiff in this ADEA action. The district court’s order held that McNeely’s failure to file a timely EEOC charge would not bar his claim for relief under the ADEA if one or more of the plaintiffs in the ADEA action had filed a timely charge that was sufficient to put the employer and the EEOC on notice that class-wide discrimination was being claimed. The court then found that the EEOC charge upon which MeNeely claimed the right' to “piggyback” was…