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Justices Highlight Importance Of Title VII Procedural Details

Law360 (June 11, 2019, 12:51 PM EDT) -- On June 3, 2019, the U.S. Supreme Court resolved the debate in employment discrimination law which had split the circuits. In a unanimous decision, the court held in Fort Bend County v. Davis that the exhaustion requirement that a plaintiff must first bring a Title VII discrimination charge to the U.S. Equal Employment Opportunity Commission or the equivalent state fair employment practices agency is not a jurisdictional requirement, but rather a claims-processing rule that is mandatory but can be forfeited if the defense is not raised in a timely manner.

This decision does not eliminate a plaintiff’s obligation to file an...

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