Katz, Marshall & Banks senior counsel Carolyn Wheeler was quoted in a Bloomberg article, “High Court Weakens Employer Defense to Job Bias Claims.”
The Supreme Court ruled this week that the obligation for a worker to file discrimination charges with the Equal Employment Opportunity Commission or another administrative agency is not a jurisdictional issue, but rather a claims-processing requirement. This decision means that an employer seeking to have a court throw out a Title VII suit must promptly raise the defense that the employee failed to exhaust his or her administrative remedies through an agency. If the defendant fails to timely raise the defense, the court can retain jurisdiction over the claims despite the employee’s failure to file an administrative charge.
According to Ms. Wheeler: “The decision will matter most in cases in which a worker files an administrative charge but later adds other claims in a lawsuit that didn’t get investigated by the agency, and the employer fails to immediately raise the procedural defense to those added claims.” Complaints are commonly amended with new allegations.
Read the full article here.