News & Analysis as of

Administrative Remedies Equal Employment Opportunity Commission (EEOC)

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

Eleventh Circuit Finds That Postal Worker’s Failure to Amend EEOC Charge Spells End to Discrimination Suit

​​​​​​​On October 3, 2022, the United States Court of Appeals for the Eleventh Circuit held in Ellison v. Postmaster General, United States Postal Service that a plaintiff bringing a claim for retaliation failed to exhaust...more

FordHarrison

New Florida Law Shortens Time for Filing Certain Discrimination Claims

FordHarrison on

Executive Summary: On June 30, 2020, Florida Governor Ron DeSantis signed into law CS/HB 255 which, among other things, amends the Florida Civil Rights of 1992 (FCRA) to statutorily define the limitations period by which a...more

Proskauer - Law and the Workplace

U.S. Fifth Circuit Clarifies Position: Later-Verified Charge Can Relate Back To Filing Date

On April 3, 2020, a three-judge panel of the U.S. Fifth Circuit in EEOC v. Vantage Energy Services, Inc., No. 19-20541, clarified its interpretation of the relate-back doctrine for administrative charges. The Fifth Circuit...more

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

State-Law Ramifications of the Supreme Court’s Decision in Fort Bend County, Texas v. Davis: Massachusetts and Rhode Island as...

In Fort Bend County, Texas v. Davis, the Supreme Court of the United States held that the requirement in Title VII of the Civil Rights Act that an employee file a charge of discrimination with the Equal Employment Opportunity...more

Bradley Arant Boult Cummings LLP

Case of the Big Bus Driver: Seventh Circuit Joins Other Circuits in Rejecting Obesity, without Other Physiological Condition, as...

Obesity has been recognized as a disease by the American Medical Association, National Institutes of Health, and the World Health Organization. Does that mean obesity qualifies as a physical impairment under the Americans...more

Polsinelli

Think Outside the Box: District Court Reminds Employers to Carefully Review EEOC Charges

Polsinelli on

Recently, the U.S. District Court for the Southern District of Alabama issued a decision reminding employers to take care when reviewing and responding to charges of discrimination....more

Manatt, Phelps & Phillips, LLP

Plaintiff Fails to Exhaust Remedies in EEOC Charges

Why it matters - An employee failed to exhaust her administrative remedies where her second Equal Employment Opportunity Commission (EEOC) charge alleging retaliation didn’t reference her initial charge filed in 2012, the...more

Fisher Phillips

Federal Appeals Court Overturns Decades Of Precedent To Revive Workplace Claim

Fisher Phillips on

Overturning 40 years of precedent, the 10th Circuit Court of Appeals has just ruled that an employee’s failure to file an EEOC charge does not necessarily bar consideration of a private discrimination lawsuit. By concluding...more

Seyfarth Shaw LLP

Federal Court Leaves Opportunity For A “Compelling” Exhaustion Argument

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. District Court for the District of New Jersey recently issued a ruling with respect to Defendants’ “compelling” exhaustion argument that Plaintiffs failed to exhaust administrative remedies with...more

Obermayer Rebmann Maxwell & Hippel LLP

Spring Forward: Constructive Discharge Clock Doesn’t Start Until Employee Gives “Definite Notice” of Intent to Resign

On May 23, 2016, the Supreme Court resolved a circuit split over the deadline for employees to pursue their administrative remedies in connection with constructive discharge claims under Title VII. Generally, employees must...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Employer's Response to Race Discrimination Claims Did Not Excuse Plaintiff's Failure to Allege Claims in EEOC...

Before filing suit alleging discrimination, Title VII requires plaintiffs to file a charge of discrimination with the Equal Employment Opportunity Commission. If the plaintiff files an EEOC charge, but includes claims in his...more

Baker Donelson

SCOTUS Jurisdiction Watch: Exhaustion of EEOC Administrative Remedies

Baker Donelson on

On May 28, 2015, the United States Supreme Court is scheduled to meet and decide whether to grant or deny certiorari in Duble v. FedEx Ground Package System Inc., Supreme Court Case No. 14-1028. Petitioner, Duble, seeks...more

Proskauer - Whistleblower Defense

Sixth Circuit: Failure to Exhaust Administrative Remedies Not A Jurisdictional Bar For Title VII Retaliation Claim

On August 13, 2013, the Sixth Circuit reinstated a retaliation claim under Title VII, reversing the dismissal of the claim on jurisdictional grounds for failure to exhaust administrative remedies with the EEOC....more

Snell & Wilmer

Additional Exhaustion of Administrative Remedies Requirements for Industries Governed by Federal Transportation Laws

Snell & Wilmer on

The requirement for an employee to exhaust administrative remedies may go beyond filing a charge with the Equal Employment Opportunity Commission (“EEOC”) and state employment agencies. Industry-specific exhaustion...more

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