Is provided to a plaintiff if the EEOC decides not to-sue on behalf of the plaintiff

June 3, 2019

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Decided June 3, 2019

Fort Bend County, Texas v. Davis, No. 18-525

Today, the Supreme Court unanimously held that Title VII’s requirement that employment-discrimination plaintiffs present their claims to the Equal Employment Opportunity Commission (“EEOC”) before filing suit is a mandatory claim-processing rule subject to ordinary principles of waiver and forfeiture, not a jurisdictional prerequisite that can be raised at any point during the litigation.

Background:
Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., requires employees to file a charge with the EEOC before suing an employer for discrimination. When it receives a charge, the EEOC must notify the employer and investigate the allegations. If the EEOC chooses not to sue, or if the EEOC cannot complete its investigation within 180 days, the employee is entitled to a “right-to sue” notice. That notice allows the employee to sue the employer for the claim(s) presented in the charge. In this case, an employer litigated a religious-discrimination claim for five years before arguing that the plaintiff did not properly raise the claim in her EEOC charge. The district court agreed, reasoned that Title VII’s charge-filing requirement is a non-waivable jurisdictional rule, and dismissed the case for lack of jurisdiction. The Fifth Circuit reversed, reasoning that the charge-filing requirement is a waivable claim-processing rule, and that the employer forfeited any arguments based on that rule by raising them too late in the litigation.

Issue: 
Is Title VII’s charge-filing requirement a non-waivable jurisdictional rule or a waivable claim-processing rule?

Court’s Holding: 
Title VII’s charge-filing requirement is a mandatory claim-processing rule that speaks to a plaintiff’s procedural obligations and “must be timely raised to come into play.” It is “not a jurisdictional prescription delineating the adjudicatory authority of courts” that may be raised at any point in the litigation.

“[A] rule may be mandatory without being jurisdictional, and Title VII’s charge-filing requirement fits that bill.”

Justice Ginsburg, writing for the unanimous Court

What It Means:

• The decision does not change Title VII’s requirement that employees file a charge with the EEOC before suing an employer for discrimination. However, because this charge-filing requirement is a claim-processing rule, not a jurisdictional rule, employers must promptly raise any exhaustion-related defenses or risk waiver.
• The opinion might lead to increased litigation risks and costs for employers, as federal courts can exercise subject-matter jurisdiction over Title VII claims even when the plaintiff has failed to file a proper charge with the EEOC.
• The Court did not address whether the charge-filing requirement or other mandatory claim-processing rules are subject to equitable exceptions based on concerns for fairness and justice.

As always, Gibson Dunn’s lawyers are available to assist in addressing any questions you may have regarding developments at the Supreme Court.  Please feel free to contact the following practice leaders:

Appellate and Constitutional Law Practice

Related Practice: Labor and Employment

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Attorney Advertising:  The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice.

Employment laws can be complex and confusing. The process can become overwhelming when an employee has suffered discrimination at work because of his race, national origin, gender, religion, or other personal trait. Employers who commit discrimination of this sort have broken the law, and employees have a right to protect themselves. The New York employment discrimination attorneys at Phillips & Associates know that seeking legal relief for improper conduct by employers is confusing and stressful. No matter where you are in this process, from the day after the discrimination occurred to just before filing suit, we can take charge of your case.

Understand Discrimination and the EEOC Process

Under federal laws including Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act, it is illegal for an employer to discriminate against an employee – that is, to take any adverse action, such as firing, refusing to hire, or withholding a pay raise – based on certain protected characteristics, such as gender, race, religion, disability, or national origin.

In most cases, before an employee can file a lawsuit against his employer for discrimination, he must file a complaint with the federal agency in charge of enforcing federal employment discrimination laws, the Equal Employment Opportunity Commission (EEOC). Once a complaint is filed with the EEOC, the agency will investigate the claim and usually at least attempt to schedule a mediation. The EEOC investigator may also conduct witness interviews, request more information, or even visit your workplace.

On rare occasions, the EEOC might decide to file a lawsuit on the employee’s behalf against the employer once the investigation is completed. Most times, the EEOC will choose not to file a lawsuit and instead will issue either a Dismissal and Notice of Rights or a Letter of Determination. A Dismissal and Notice of Rights indicates that the EEOC’s investigation did not unearth anything that, in the investigator’s opinion, constituted unlawful discrimination. However, the employee is free to file a lawsuit in federal court if he wants to.

If the EEOC has determined that discrimination may have occurred, it will send a Letter of Determination to both parties and attempt to have the parties to settle out of court. If the parties cannot agree on a settlement, the EEOC sends the employee a Right to Sue, which clears the path for a lawsuit in federal court. If you have received a Right to Sue, keep it, as it will be an important part of your subsequent lawsuit.

With an Attorney’s Help, File your Lawsuit within 90 Days

If you have received a Right to Sue letter, it means that the EEOC has determined that there are grounds for a discrimination claim. But even if you have received a Dismissal and Notice of Rights, you still may be able to file a successful lawsuit. In either case, you have only 90 days from the day you received the letter to file a lawsuit. It is extremely important that you meet this deadline. Otherwise your case can be thrown out of court, and you may lose the ability to protect your rights.

As soon as you receive your Right to Sue, contact your attorney. If you do not have one, contact an experienced discrimination attorney as soon as you can. The more time your attorney has to prepare your case, the more he or she can help you – your time to file a lawsuit is also extremely limited.

Hire an Experienced Attorney

If you have received a Right to Sue, a Letter of Determination, or a Dismissal and Notice of Rights from the EEOC, contact an experienced New York EEOC representation lawyer right away. With a limited amount of time to act, it will benefit you to have a knowledgeable attorney fighting for your rights. Phillips & Associates has helped many New Yorkers with workplace discrimination issues and can help you. Call (212) 248-7431 or contact us online to speak with an experienced lawyer.

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