Davis sued Fort Bend County (the County) for religious discrimination and
retaliation under Title VII. The district court dismissed the religious
discrimination claim on the basis it lacked jurisdiction because Davis
failed to specify a religious discrimination claim in her initial charge.
The 5th Circuit reversed and held the County forfeited the argument. The
U.S. Supreme Court unanimously affirmed the 5th Circuit.
Davis was fired for missing work on a Sunday to attend a church event, she
attempted to supplement her sexual harassment and retaliation charge by
handwriting "religion" on an intake questionnaire. After years of
litigation, the County argued Davis' failure to specify religious
discrimination in her initial charge deprived the court of jurisdiction.
The U.S. Supreme Court affirmed the 5th Circuit and held that Title VII's
charge-filing requirement is a nonjurisdictional claim-processing rule
that is forfeited if not timely asserted.
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