Title VII violations now require following administrative procedures

Life in the Workplace

By Joseph M. Gagliardo

Joseph M. Gagliardo is the managing partner of Laner, Muchin Ltd. and is the chairman of its litigation department. He has counseled and represented private and governmental employers in a broad range of employment matters for more than 30 years.

Posted June 27, 2019 10:41 AM

On June 3, the U.S. Supreme Court unanimously ruled that Title VII’s administrative exhaustion requirement is a claims-processing requirement, not a jurisdictional requirement, thus resolving a long-standing split among the federal circuits and clarifying that an employee’s failure to exhaust administrative remedies must be timely raised as an affirmative defense.Title VII of the Civil Rights Act of 1964, the federal anti-discrimination statute, requires an employee who is allegedly aggrieved by a practice made …

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