Duble v. FedEx Ground Package System, Inc.

(1) Whether, when the filing of an Equal Employment Opportunity Commission (EEOC) charge of retaliation prompts a new retaliatory act, a plaintiff must file a second EEOC charge in order to judicially pursue the post-charge retaliation; and (2) whether, where the claimant reports post-charge retaliation to the EEOC, the employer defends the post-charge retaliatory act in its position statement to the EEOC, and the EEOC investigates and makes an express final determination regarding the post-charge retaliation, the post-charge retaliatory act has been administratively exhausted.