News & Analysis as of

Title VII Federal Rules of Civil Procedure

Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII... more +
Title VII of the Civil Rights Act is a United States federal law enacted in 1964 and aimed at preventing discrimination in the workplace on the basis of race, color, sex, national origin, and religion. Title VII has been subsequently extended to discrimination on the basis of pregnancy and sexual stereotypes and to prohibit sexual harassment. Title VII applies to all employers with fifteen or more employees including private employers, state and local governments, and educational institutions.  less -
CDF Labor Law LLP

Deleting Relevant Text Messages Can Cost You

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​​​​​​​Earlier this week, the Ninth Circuit in Jones v. Riot Hospitality Group, 2024 WL 927669 (9th Cir. Mar. 5, 2024) affirmed the dismissal of an employee’s claims against her employer and found that terminating sanctions...more

Tucker Arensberg, P.C.

Federal Court Rules That Plaintiff’s Claims of Sex Discrimination Against a School District Were Sufficiently Pled

Tucker Arensberg, P.C. on

Colavecchia v. South Side Area Sch. Dist., No. 2:22-CV-01804-CCW, 2023 U.S. Dist. LEXIS 70461 (W.D. Pa. April 21, 2023). The United States District Court for the Western District of Pennsylvania denied South Side Area School...more

Fisher Phillips

Supreme Court Ruling Clears Way For $350K Religious Bias Jury Award

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Following a decision by the U.S. Supreme Court several months ago allowing a former employee to pursue a religious discrimination claim, a Texas federal jury recently ordered her former employer to pay her $350,000. The...more

Snell & Wilmer

Fort Bend County v. Davis: SCOTUS Bends Employers' Defense to Title VII Claims, But Doesn't Break It

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On June 3, 2019, the United States Supreme Court ("Supreme Court") unanimously held in Fort Bend County v. Davis that federal courts may be able to hear claims brought under Title VII of the Civil Rights Act of 1964 (“Title...more

Williams Mullen

Failure to File EEOC Charge Does Not Automatically Bar Title VII Claims, Supreme Court Says

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On June 3, 2019, the U.S. Supreme Court held that an employee may be able to proceed with a federal discrimination lawsuit, even if the employee has not first filed a Charge of Discrimination with the Equal Employment...more

Eversheds Sutherland (US) LLP

SCOTUS rules exhaustion of administrative remedies is not jurisdictional – Does it matter?

On June 3, 2019, the Supreme Court issued a unanimous decision holding that Title VII’s administrative exhaustion requirement is not a jurisdictional bar to filing a lawsuit in court. The lawsuit involved an individual, Lois...more

Bricker Graydon LLP

U.S. Supreme Court limits employer defense to federal discrimination claims

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The U.S. Supreme Court recently delivered an important decision limiting an employer’s ability to dismiss federal employment discrimination lawsuits under Title VII of the Civil Rights Act of 1964. In Fort Bend County v....more

Ballard Spahr LLP

Supreme Court Rules that Employers Must Timely Raise Exhaustion of Administrative Remedies in Title VII Claims or Risk Forfeiting...

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On Monday, June 3, 2019, the U.S. Supreme Court issued a decision in Fort Bend County v. Davis, unanimously finding that Title VII’s administrative exhaustion requirement is not jurisdictional and that employers may forfeit...more

Butler Snow LLP

The Supreme Court Concludes that Title VII’s Charge Filing Requirement is not Jurisdictional

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On June 3, 2019, the U.S. Supreme Court concluded that the requirement set forth in Title VII to the Civil Rights Act of 1964 that a plaintiff must first exhaust her administrative remedies with the EEOC before filing suit is...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Rules That Employers Can Be Forced To Defend Against Actions Under Title VII Not Properly Brought Before the EEOC

Resolving a circuit split regarding the jurisdictional nature of Title VII’s charge-filing requirement—the statutory requirement that an employee who alleges that he or she has been subjected to unlawful treatment is required...more

Fisher Phillips

Employers, Beware: SCOTUS Ruling Creates Title VII Litigation Trap

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The U.S. Supreme Court unanimously ruled today that Title VII’s administrative exhaustion requirement—whereby an aggrieved employee first must file a claim with the Equal Employment Opportunity Commission (“EEOC”) or a state...more

Littler

Supreme Court Holds EEOC Charge-Filing Requirement is Not Jurisdictional

Littler on

On June 3, 2019, the U.S. Supreme Court held in Fort Bend County v. Davis that the requirement to file a charge of discrimination with the EEOC (or relevant state or local agency) is not a jurisdictional prescription to a...more

Benesch

Scotus Makes Defending Job Bias Claims More Difficult for Employers

Benesch on

On June 3, 2019, the Supreme Court of the United States affirmed a decision of the 5th Circuit Court of Appeals, which held that employers in discrimination claims can waive their right to assert that the Plaintiff failed to...more

Foley & Lardner LLP

What the United States Supreme Court Holding on EEOC Charges Really Means

Foley & Lardner LLP on

On June 3, 2019, the U.S. Supreme Court issued a unanimous decision, written by Justice Ginsberg, that filing an EEOC Charge is not “jurisdictional.”  Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019)....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Rules Title VII’s Requirement to File a Charge With the EEOC Is Not Jurisdictional

On June 3, 2019, the Supreme Court of the United States ruled that the precondition in Title VII of the Civil Rights Act of 1964 requiring employees to file a charge with the Equal Employment Opportunity Commission (EEOC)...more

Burr & Forman

U.S. Supreme Court Weakens Employer’s Procedural Defense Against Bias Suits

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On Monday, June 3, 2019, the U.S. Supreme Court unanimously ruled that federal courts can hear Title VII discrimination claims even if employees fail to first file with an administrative agency, such as the Equal Employment...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court to Hear Case on Filing Lawsuit Before Filing EEOC Charge

On January 11, the U.S. Supreme Court accepted an appeal of a Fifth Circuit Court of Appeals decision dealing with the administrative prerequisites for a plaintiff to file suit against an employer under Title VII and related...more

Dorsey & Whitney LLP

The Supreme Court - November 8, 2017

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Hamer v. Neighborhood Housing Servs. Of Chicago, No. 16-658: Petitioner Chamaine Hamer’s Title VII action was dismissed at summary judgment, and final judgment was entered. A week before the 30-day deadline for her notice...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The Not-So-Elusive 12(b)(6) Dismissal: Fifth Circuit Shoots Down Retaliation Claim Based on Single Text Message

The Fifth Circuit Court of Appeals recently affirmed the dismissal of a Title VII retaliation claim under Rule 12(b)(6) of the Federal Rules of Civil Procedure for failure to state a claim where the plaintiff premised her...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

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