Employment Litigation · Primary-source case analysis

Commercial Office Products: State Waiver Could Start Title VII’s Federal Filing Period

By Aneeta Mishra and Timothy Chan

Published August 26, 2026

EEOC v. Commercial Office Products Co. interpreted Title VII’s charge-filing rules in a deferral state operating under a worksharing arrangement with the EEOC.

The state waiver terminated its proceedings

A worksharing agreement could waive the state agency’s exclusive initial processing period, allowing the EEOC process to move forward without waiting the full statutory interval.

Timeliness under state law was not dispositive

The extended federal period did not disappear merely because the state charge was untimely under state law; federal filing rights turned on Title VII’s text and referral framework.

Worksharing documents affect the filing analysis

The agencies’ allocation of responsibility can determine when proceedings begin and end and whether a charge is treated as dual filed.

Current deadlines still demand immediate action

A claimant should not rely on later litigation over referral mechanics. The shorter applicable deadline and any distinct state deadline should be calendared conservatively.

Key takeaways

• File with the EEOC and appropriate state agency promptly.
• Obtain the operative worksharing agreement.
• Preserve submission receipts and referral notices.
• Calculate federal and state deadlines independently.