By: Rubeena Sachdev
On June 3, 2019, the Supreme Court ruled that for a Title VII claim relating to discrimination or retaliation, an employee must file a claim with the EEOC or a state agency prior to filing a lawsuit. The reasoning behind this ruling is procedural rather than jurisdictional. Employers must now initially assert a “failure to exhaust” defense, in order to seek dismissal of the claims filed in a lawsuit. Below is a summary of the two main points of the ruling.
Employers must carefully review any complaint asserting a Title VII claim and scrutinize any EEOC or state agency claims filed before a lawsuit. It is essential to determine whether the claims filed and investigated by the agency are the same in scope to the complaint filed with a court. Consequently, if the employee has not first filed with the EEOC or state equivalent and if the claims are not within the scope of the agency investigation, then the employer should move to dismiss for failure to exhaust or at least assert this as an affirmative defense.
For additional information, please contact Rubeena Sachdev, attorney at law, at (408) 343-7610.
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