The EEOC Process: Lessons Learned from Fort Bend v. Davis

The U.S. Supreme Court recently resolved a split among the circuit courts of appeal regarding an important question of employment discrimination law. In a unanimous decision, the court held in Fort Bend County v. Davis, 139 S.Ct. 1843 (2019), that the charge-filing requirement of Title VII of the Civil Rights Act of 1964 (Title VII) is a prudential prerequisite to filing a lawsuit. It is not jurisdictional. As such, an employer may waive the charge-filing requirement if it does not timely raise an objection.