News & Analysis as of

Retaliation Forfeiture

Davis Wright Tremaine LLP

New York State Bans Liquidated Damages and Forfeiture Provisions for Violating Non-Disclosure Agreements in Settlements of...

Employers must be careful including penalties for violations of confidentiality and nondisparagement provisions in settlement agreements under a new law signed by Governor Hochul on November 17, 2023. Specifically, this law...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

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

Cranfill Sumner LLP

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

Cranfill Sumner LLP on

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

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

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

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

Womble Bond Dickinson

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

Womble Bond Dickinson on

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

Seyfarth Shaw LLP on

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

Kramer Levin Naftalis & Frankel LLP

Supreme Court Holds That in Title VII Suits, Employers Must Raise Failure to Exhaust Administrative Remedies in a Timely Manner or...

The Supreme Court held in Fort Bend County v. Davis that the charge-filing precondition to suit of Title VII of the Civil Rights Act of 1964 is a mandatory claim-processing rule subject to waiver, not a jurisdictional bar to...more

Maynard Nexsen

Charge of Discrimination is Not Jurisdictional: U.S. Supreme Court Makes Dismissal of Discrimination Claims More Difficult for...

Maynard Nexsen on

On June 3, 2019, the U.S. Supreme Court unanimously ruled that the requirement under Title VII of the Civil Rights Act for employees to file an administrative charge of discrimination with the Equal Employment Opportunity...more

Jackson Walker

Supreme Court Holds Title VII's Charge-Filing Requirement Is a Mandatory Claim-Processing Rule Subject to Forfeiture

Jackson Walker on

Title VII of the Civil Rights Act of 1964 provides a claim for discrimination in employment on the basis of race, color, national origin, sex, religion, and retaliation, but it requires that a plaintiff file a charge of...more

Holland & Knight LLP

Supreme Court Warns Employers Not To Delay Asserting Defenses In Employment Discrimination Cases

Holland & Knight LLP on

The U.S. Supreme Court ruled unanimously on June 3, 2019, in Fort Bend County, Texas v. Davis, that federal courts may hear plaintiffs' claims of discrimination brought under Title VII, even if those claims were not brought...more

Morgan Lewis

Supreme Court: Title VII’s Charge-Filing Requirement Is Not Jurisdictional

Morgan Lewis on

Title VII’s charge-filing requirement is nonjurisdictional and is subject to forfeiture rules, the US Supreme Court ruled unanimously on June 3. The decision does not eliminate the rule that employees must first file charges...more

Bond Schoeneck & King PLLC

U.S. Supreme Court Rules That Title VII's Requirement to File an EEOC Charge Before Commencing a Federal Court Lawsuit is Not a...

On June 3, 2019, the United States Supreme Court unanimously ruled in the case of Fort Bend County, Texas v. Davis that the requirement under Title VII of the Civil Rights Act ("Title VII") to file an administrative charge...more

Lowndes

Skip The EEOC And Go Straight To Court?

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Employers Can No Longer Wait To Assert Affirmative Defense of Failure to Exhaust Administrative Remedies In Fort Bend County v. Davis, the United States Supreme Court unanimously ruled Monday, June 3, 2019, that the...more

Constangy, Brooks, Smith & Prophete, LLP

Can Title VII Plaintiffs Bypass The EEOC?

What the Supreme Court's decision in Fort Bend really means. As you may have heard, the U.S. Supreme Court has allowed a plaintiff to proceed with a Title VII religious discrimination lawsuit even though she didn't file a...more

Patterson Belknap Webb & Tyler LLP

Careful! Don’t Fall Asleep at the Wheel: Supreme Court Holds Title VII Exhaustion Requirement Is Waivable by Employers

On June 3, 2019, the Supreme Court ruled that Title VII’s administrative exhaustion requirement is not a jurisdictional predicate for litigation and that an employer who fails to raise this defense has waived it. In a...more

Hinshaw & Culbertson LLP

Employer Alert: SCOTUS Holds That EEOC Charge Processing Rules can be Waived by a Defendant Since they are not Jurisdictional

On June 3, 2019, the Supreme Court of the United States made a ruling that employers and their legal counsel need to be aware of. In Fort Bend County v. Davis, the Supreme Court ruled that the charge-filing requirements for...more

McGuireWoods LLP

U.S. Supreme Court: Employers Risk Waiving Title VII Charge-Filing Requirement

McGuireWoods LLP on

An employer who waits too long to object that a plaintiff failed to file a charge of discrimination with the U.S. Equal Employment Opportunity Commission (EEOC) before filing a lawsuit under Title VII may have waived that...more

Locke Lord LLP

Supreme Court Makes it Harder for Employers to Defeat Title VII Claims

Locke Lord LLP on

On Monday, the Supreme Court eliminated one legal pathway employers often use to defeat discrimination and retaliation lawsuits. In a unanimous opinion authored by Justice Ruth Bader Ginsburg, the Court held Title VII’s...more

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