Employer Defense to Job Bias Claims

Earlier this month, the U.S. Supreme Court limited “a procedural defense available to employers in job discrimination lawsuits” through a unanimous ruling.

The high court now says that “an employer can lose the right to get a discrimination lawsuit thrown out based on a worker’s failure to exhaust his or her claim within an agency” such as the Equal Employment Opportunity Commission (EEOC) or other similar state agencies.

According to Bloomberg Law:

“The ruling puts the onus on employers to promptly raise their objections to get lawsuits brought under Title VII of the 1964 Civil Rights Act tossed on that procedural ground. But it doesn’t remove a worker’s obligation to file administrative claims before going to court.”

Bloomberg Law encourages employers to review employee complaints and make sure they match up with administrative charges to avoid the risk of losing their defense.

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The information included in this blog post originally appeared in an article from Bloomberg Law on June 3, 2019 written by Robert Iafollla.