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ARTICLE · 28 JUNE 2019

US Employment Litigation Round-Up For May 2019

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Decision: On June 3, 2019, in an opinion authored by Justice Ginsburg, a unanimous Supreme Court held in Fort Bend County, Texas v. Davis, No. 18-525

United StatesEmployment and HR
Andrew Rosenman
Andrew Rosenman
Ruth Zadikany
Ruth Zadikany
Richard Nowak
Richard Nowak
Corwin J. Carr
Corwin J. Carr
Daniel Queen
Daniel Queen
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US Supreme Court Holds That Title VII Failure-to-Exhaust Defense Can Be Waived

Decision: On June 3, 2019, in an opinion authored by Justice Ginsburg, a unanimous Supreme Court held in Fort Bend County, Texas v. Davis, No. 18-525, that under Title VII of the Civil Rights Act of 1964, the procedural requirement that a plaintiff file a charge with the Equal Employment Opportunity Commission ("EEOC") or a related state agency prior to initiating litigation is not jurisdictional and that a defense based on the plaintiff's failure to exhaust administrative remedies may be forfeited if employers do not timely assert it.

The plaintiff filed a sexual harassment and retaliation charge against her employer, Fort Bend County, with the Texas Workforce Commission in February 2011. While her charge was pending, the county terminated her employment for failing to report to work on a Sunday, when she was attending a church function. The plaintiff attempted to amend her charge to

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