Supreme Court Rules That an Employer Can Forfeit its Right to Challenge an Employees Failure to Exhaust His or Her Administrative Remedies

The Supreme Court of the United States unanimously held that an employee’s failure to exhaust his or her administrative remedies in a discrimination claim pursuant to Title VII of the Civil Rights Act of 1964 (“Title VII”) does not divest the court of jurisdiction. An employer’s ability to challenge an employee’s failure to exhaust his or her administrative remedies may, thus, be waived if not raised in a timely manner.

Read the full article by Mordy Yankovich, Esq. published in The Suffolk Lawyer here.