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US - Title VII's charge-filing requirement is a nonjurisdictional claim-processing rule that is forfeited if not timely asserted.

Fort Bend County v. Davis (US Supreme 06/03/2019)
http://case.lawmemo.com/us/fortbend.pdf

 
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.

After 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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Editor: Ross Runkel, Ross@LawMemo.com. Copyright 2018 by LawMemo, Inc., PO Box 9182, Portland, OR 97207, (503) 227-1500. We are sending Employment Law Memo three times per week. To unsubscribe, reply to this email with the word "REMOVE" in the subject line.

 

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