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>>