News & Analysis as of

Fort Bend County Texas v Davis

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

Supreme Court Declines Review of Transgender Fire Chief’s Discrimination Case

On November 7. 2022, the Supreme Court of the United States declined to review a case by a Georgia fire chief alleging she was discharged for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the...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

Payne & Fears

Key California Employment Law Cases: June 2019

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This month's key California employment law cases involve EEOC charges, disability discrimination, and meal breaks....more

Amundsen Davis LLC

Supreme Court Rules Title VII’s Charge Filing Requirement Is Not Jurisdictional…But Is Still A Required Rule

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This past February we reported that the Supreme Court agreed to review the Fifth Circuit’s ruling in Fort Bend County v. Davis on the viability of claims brought in federal courts where the claimant had not first filed her...more

Flaster Greenberg PC

SCOTUS Rules Requirement to File Charge Before Suing Under Title VII is Nonjurisdictional: Employers Must Raise Defense Timely

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In Fort Bend County, Texas v. Davis, 139 S. Ct. 1843 (2019), the Supreme Court of the United States resolved a split among lower appellate courts over whether the requirement that employees file a charge with the Equal...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - July 2019

This edition of Employment Flash looks at developments in labor and employment law, including a Supreme Court ruling that Title VII’s charge-filing requirement is nonjurisdictional and new state legislation in New York,...more

Pullman & Comley - Labor, Employment and...

Employers: Don't Overlook Your Title VII Defenses!

Last month the U.S. Supreme Court simultaneously resolved a long-running dispute about procedure under Title VII and sent a message to employers that it is important to pay attention and act promptly when faced with a Title...more

Fisher Phillips

Web Exclusive: June 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Jackson Lewis P.C.

U.S. Supreme Court Roundup – 2018-2019

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The U.S. Supreme Court term that ended in June 2019 included decisions on many topics important to workplace law, including class actions, arbitration, and administrative exhaustion and Title VII claims. ...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

Cranfill Sumner LLP

Invalidating Long-Standing Fourth Circuit Precedent, U.S. Supreme Court Holds that Title VII’s Charge Filing Requirement is...

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Before initiating a lawsuit under Title VII, a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged act of discrimination....more

Littler

What Employment Issues did the Supreme Court Address this Term, and What’s in Store for 2019-2020?

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The Supreme Court’s October 2018-2019 term began with the highly politicized confirmation of Justice Brett Kavanaugh. But despite some expectations that the new makeup of the Court would be more divided than the previous...more

Laner Muchin, Ltd.

Title VII Claims Not Raised In EEOC Charge Must Be Timely Challenged

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On June 3, 2019, the U.S. Supreme Court unanimously ruled in Fort Bend County v. Davis that Title VII’s administrative exhaustion requirement is a claims-processing requirement, not a jurisdictional requirement, which means...more

Manatt, Phelps & Phillips, LLP

Supreme Court: Title VII’s Requirements Not Jurisdictional

In a unanimous decision, the U.S. Supreme Court ruled that Title VII’s charge-filing precondition to suit is not a jurisdictional requirement and is instead a procedural prescription that is subject to forfeiture, refusing to...more

Jones Day

SCOTUS: Filing Requirement is Not Jurisdictional

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The Situation: The U.S. Supreme Court unanimously held that filing a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC") is not a jurisdictional prerequisite to bringing a Title VII lawsuit. The...more

Orrick - Employment Law and Litigation

Use It or Lose It: SCOTUS holds that EEOC Charge-Filing Requirement Is Forfeited If Not Timely Asserted

On June 3, 2019, the United States Supreme Court issued its decision in Fort Bend County, Texas v. Davis, resolving a circuit split regarding whether Title VII’s charge-filing requirement with the Equal Employment Opportunity...more

Bracewell LLP

Timely Use It, or Lose It: Recent Supreme Court Case Provides Reminders for Employers, but Employees Still Need to File a Charge...

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In Fort Bend County, Texas v. Davis (U.S. June 3, 2019), the U.S. Supreme Court (Court) held that the charge-filing requirement under Title VII of the Civil Rights Act of 1964 (Title VII) is not jurisdictional. The case...more

Spilman Thomas & Battle, PLLC

Waiver Warning: SCOTUS Determines Title VII Failure to Exhaust Defense Can be Waived

A recent decision from the Supreme Court of the United States - Fort Bend County v. Davis - has sparked conversations about whether a current or former employee must file a complaint with the EEOC before suing an employer for...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor and Employment Law Insights: Issue 2, 2019

The Editor's Note - ...In this edition of SuperVision, Carrie Grundmann discusses EEO1 requirements, Mitch Rhein discusses the DOL's latest on the virtual marketplace, and Chelsea Thompson explains a recent United States...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Plaintiff Can Sue For Discrimination Without Filing EEOC Charge

On June 3, the U.S. Supreme Court unanimously resolved a split among federal appellate courts dealing with the question of whether Title VII’s requirement that plaintiffs file an administrative charge with the Equal...more

PilieroMazza PLLC

Use It Or Lose It: U.S. Supreme Court Holds Employers Who Wait Too Long to Raise EEOC Claim Objection to Title VII Discrimination...

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Recently, in Fort Bend County, Texas v. Davis, the U.S. Supreme Court was faced with a jurisdictional question: If a plaintiff fails to exhaust her remedies by first filing an Equal Employment Opportunity Commission (“EEOC”)...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

Womble Bond Dickinson

Raise Title VII Defense Early On or Risk Waiver, Supreme Court Rules

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The U.S. Supreme Court recently clarified that the requirement that a plaintiff exhaust his/her administrative remedies before filing a discrimination claim under Title VII of the Civil Rights Act is a mandatory...more

Mintz - Employment Viewpoints

The Bubbler - June 2019

Welcome to June! As we head into the summer, the employment law world continues to heat up! We have rounded up the most recent developments impacting employers for your summer reading pleasure here....more

Seyfarth Shaw LLP

Use It or Lose It: Supreme Court Rules that Failure to Exhaust Defense Must be Prompt

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Seyfarth Synopsis: New decision from the Supreme Court ruled that Title VII’s requirement that plaintiffs file with the EEOC or other state agencies is a non-jurisdictional claim-processing rule, which means it can be...more

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