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SCOTUS Title VII Ruling Creates Confusion

7.11.19

The U.S. Supreme Court ruled Title VII’s administrative exhaustion requirement is a claim-processing rule, and not a jurisdictional bar to filing a lawsuit. Therefore, a federal court may retain jurisdiction over a discrimination claim even if an employee fails to allege the basis for such claim in her administrative charge. In a contributed article appearing in Louisville Business First, Paul Goatley and Jeffrey Fritz examine what this decision (Fort Bend County v. Davis) means for employers and how they should proceed. In their conclusion, they state, “Upon receipt of any complaint asserting a Title VII claim, employers – and their lawyers – must immediately review and assess the administrative history to determine if the employee filed a charge with the EEOC (or the state equivalent) and, if so, whether the claims in the charge and lawsuit are the same.”

To read the full article, visit Louisville Business First.

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