Friday, January 11, 2019

SCOTUS cert grant on whether Title VII’s administrative exhaustion requirement is jurisdictional

Today the Supreme Court granted certiorari in Fort Bend County, Texas v. Davis. Here is the question presented:

Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., requires plaintiffs to exhaust claims of employment discrimination with the EEOC before filing suit in federal court. Id. § 2000e-5(b), (f)(1).

The question presented is: Whether Title VII’s administrative exhaustion requirement is a jurisdictional prerequisite to suit, as three Circuits have held, or a waivable claim-processing rule, as eight Circuits have held.

You can find all the cert-stage briefing—and follow the merits briefs as they come in—at SCOTUSblog and at the Supreme Court website.

 

https://lawprofessors.typepad.com/civpro/2019/01/scotus-cert-grant-on-whether-title-viis-administrative-exhaustion-requirement-is-jurisdictional-.html

Federal Courts, Recent Decisions, Subject Matter Jurisdiction, Supreme Court Cases | Permalink

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