U.S. Supreme Court Rules EEOC Charge is Procedural Requirement, Not Jurisdictional

AET Headshot Photo 2019 (M1344539xB1386)By: Amanda Thibodeau

As previously discussed on our Employment Law Blog, Title VII of the Civil Rights Act of 1964 (“Title VII”), is a federal statute that prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin. It also prohibits retaliation against individuals who assert rights under the statute. To assert a claim under Title VII, the statute outlines that as a precondition to filing suit in federal court, a person must file a formal charge with the Equal Employment Opportunity Commission (EEOC) within 180 or 300 days of the alleged violation.

But what happens if an individual fails to file such a charge, or fails to list every alleged violation in that charge? On June 3, 2019, the U.S. Supreme Court answered that question with its ruling in Fort Bend Cty. v. Davis.

Continue reading on our Massachusetts Employment Law Blog.