Case Name: Fort Bend County, Texas v. Davis
Filed: June 3, 2019 by the Supreme Court of the United States
Subject Matter: The Title VII requirement to file a claim with the EEOC (or its local counterpart) is a claim-processing rule and not a jurisdictional requirement. As such, if not timely raised, it may be forfeited by the defendant.
“Years into the [employment discrimination] litigation, Fort Bend asserted for the first time that the District Court lacked jurisdiction to adjudicate Davis’ religion-based discrimination claim because she had not stated such a claim in her EEOC charge. Granting the motion, the District Court held that Davis had not satisfied the charge-filing requirement with respect to her claim of religion-based discrimination, and that the requirement qualified as ‘jurisdictional,’ which made it nonforfeitable. The Fifth Circuit reversed. Title VII’s charge-filing requirement, the Court of Appeals held, is not jurisdictional; instead, the requirement is a prudential prerequisite to suit, forfeited in Davis’ case because Fort Bend did not raise it until after ‘an entire round of appeals all the way to the Supreme Court.’” (internal citations omitted).
Note: While it is obvious that the second round of litigation may be late to bring up the claim-processing rule, it still begs the question of how late is too late.