Given the nature of Complainant's response, the matter is ripe for recommendation. Contentions of the Parties Respondent contends that the Complaint which is now before the Commission should be dismissed, with prejudice, because the allegations therein were previously adjudicated in a suit before a federal district court.
Complainant concedes that the doctrine of res judicata applies to bar the instant claim.
The Department cross-filed this Charge with the Equal Employment Opportunity Commission. Respondent filed its verified Answer and affirmative defenses on July 3, 1996. Complainant based the age discrimination claim upon the same facts stated in the instant Charge. To Stay The Proceedings was granted. With the application of the doctrine of res judicata, Respondent argued the instant claim should be dismissed.