High Court Weakens Employer Defense to Job Bias Claims (1)

June 3, 2019, 2:15 PM UTCUpdated: June 3, 2019, 6:48 PM UTC

The U.S. Supreme Court June 3 limited a procedural defense available to employers in job discrimination lawsuits by finding that workers’ obligation to file bias claims with an administrative agency before going to court is a claims-processing requirement.

The high court said in a unanimous ruling that the requirement to file charges with the Equal Employment Opportunity Commission or similar state agencies isn’t a jurisdictional issue. That means an employer can lose the right to get a discrimination lawsuit thrown out based on a worker’s failure to exhaust his or her claim with an agency.

The ruling puts the onus ...

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