• Posts by Nate Kowalski
    Posts by Nate Kowalski
    Partner

    Nate Kowalski is the immediate past chair of the firm’s Public Entity Labor and Employment Practice Group. He is an accomplished litigator who represents employers in both the private and public sectors. Mr. Kowalski has ...

Failure to Comply with the EEOC’s Claim-filing Requirements May Not Bar Courts from Hearing Discrimination Cases

On June 3, 2019, the United States Supreme Court issued a rare unanimous decision authored by Justice Ruth Bader Ginsberg in Fort Bend County, Texas v. Davis (2019) — S.Ct. —, 2019 WL 2331306.  The Court held the charge-filing requirements specified in Title VII of the Civil Rights Act of 1964 are not jurisdictional.  If a requirement is jurisdictional, courts may not adjudicate a claim unless the requirement has been met.  Challenges to a court’s subject-matter jurisdiction may be raised by a defendant at any time during litigation.  On the other hand, if a claim-filing requirement is simply a procedural prerequisite to filing a lawsuit, a defendant employer must timely object based on the plaintiff’s failure to comply, or forfeit the objection. 

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