Much has been said about Fort Bend County, Texas v. Davis, No. 18-525 (June 3, 2019) in the past 24 hours. Some articles make it sound as if a Title VII aggrieved party can bypass the EEOC’s charge-filing requirement, file a discrimination lawsuit, and all will be well. Not so. If a Title VII aggrieved party does just that, a respondent employer will likely filed a motion to dismiss in the court case for failing to exhaust administrative remedies. As the court’s opinion clearly intimated, it would be foolhardy for a party to do just that only to end up
Continue Reading Title VII’s Pre-Suit Filing Is Not Jurisdictional