On June 3, the United States Supreme Court ruled that the requirement for complainants to file Title VII claims with the EEOC or the state equivalent prior to filing suit was not jurisdictional, and thus, a complainant's failure to do so does not necessarily bar a suit from proceeding. The Court explained that "jurisdictional" relates either to subject matter (the kinds of cases a court may hear) or personal (the persons over whom a court may rule). The Court explained that the requirement to file with the EEOC was a "claimprocessing rule," rather than a matter of jurisdiction. The Court held that meant the requirement could be waived if a defense regarding a plaintiff's failure to meet the requirement is not timely asserted.

In the case before the Court, the plaintiff had filed a charge of discrimination with the state agency asserting sex discrimination and retaliation, but not specifically alleging religious discrimination (although the word "religion" appeared in the margin of a supplemental document submitted to the state agency). When the plaintiff filed her suit in federal court, she claimed she was discriminated against on the basis of religion, sex and retaliation. The defendant did not raise the failure to exhaust administrative remedies defense until years into the litigation. The Court's finding that the requirement was not jurisdictional, and that the defendant did not timely assert the defense, held that the religious claim could proceed. This case acts as a reminder for all employers to timely assert a defense related to a plaintiff's failure to exhaust their administrative remedies.

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