Justices just made It harder for employers to dismiss job bias lawsuits

    By: Asha Smith on Jun 10, 2019

    Marcia Coyle writes in The National Law Journal, "Employers lost one legal pathway to eliminating job bias suits in federal court in a unanimous decision by the U.S. Supreme Court on Monday.

    The high court, led by Justice Ruth Bader Ginsburg, ruled that the requirement that a worker first file a discrimination charge with the Equal Employment Opportunity Commission as a precondition to filing a Title VII lawsuit is not a jurisdictional requirement but a mandatory claims-processing rule. And an employer must timely raise a worker’s failure to file a charge or forfeit that defense.

    Ginsburg, in an 11-page opinion, rejected arguments by Texas’ Fort Bend County that the charge-filing precondition under Title VII of the Civil Rights Act of 1964 was a jurisdictional requirement that goes to a court’s authority to hear a suit and that can be raised at any stage of a proceeding.

    “Like kindred provisions directing parties to raise objections in agency rulemaking, follow procedures governing copyright registration, or attempt settlement, Title VII’s charge-filing requirement is a processing rule, albeit a mandatory one, not a jurisdictional prescription delineating the adjudicatory authority of courts,” Ginsburg wrote." READ MORE>>

    Released: June 10, 2019, 10:50 am
    Keywords: NAWL News

    National Association of Women Lawyers®

    American Bar Center MS 17.1, 321 North Clark Street, Chicago, IL 60654
    T: 312.988.6186   F: 312.932.6450