Preventing Workplace Harassment, Discrimination, and Retaliation

years of litigation, the County alleged for the first time that the court did not have jurisdiction to decide Davis’ religious discrimination claim because that protected status was not included in her formal EEOC charge. The trial court agreed and dismissed the suit. On appeal, the Fifth Circuit reversed and held that an EEOC complaint was not a jurisdictional requirement for a Title VII suit, and therefore, the County forfeited its defense because it waited years to raise the objection. The U.S. Supreme Court then agreed to hear the case. The U.S. Supreme Court had to decide whether an EEOC complaint is a jurisdictional or procedural requirement for bringing a Title VII action. The Supreme Court concluded that Title VII’s complaint-filing requirement is not jurisdictional because those laws “do not speak to a court’s authority.” Instead, those complaint-filing requirements speak to “a party’s procedural obligations.” Therefore, the Court found that while filing a complaint with the EEOC or other state agency is still mandatory, the County forfeited its right to object to Davis’ failure to mention religious discrimination in her EEOC complaint because the County did not raise the objection until many years into the litigation.

During the investigation, each party may submit to the EEOC a statement of position and evidence regarding the allegations in the charge. The EEOC may also issue subpoenas requiring the attendance and testimony of witnesses, the production of evidence, and access to evidence.

LCW Practice Advisor

 Remember that although the investigation is confidential, the EEOC file may be made public if the complainant later sues the public agency in a civil lawsuit. Thus, your statement to the EEOC should be factual and persuasive.  The Lilly Ledbetter Fair Pay Act also clarified the statute of limitations for Title VII claims. Employees may file a Title VII lawsuit for up to 180 days after they receive any paycheck they allege is discriminatory. In other words, each new allegedly discriminatory paycheck resets the statute of limitations under Title VII.

The EEOC has 120 days after receiving the charge to either dismiss the complaint or find that there is reasonable cause to find that the charge is true. If the EEOC determines that the charge might be true, it will seek to remedy any perceived unlawful harassment through confidential and informal methods of conference, conciliation, and persuasion. If conciliation fails, the EEOC will then refer the charge to the Attorney General who may bring a civil lawsuit against the respondent public employer. The EEOC’s reasonable cause finding is admissible in a lawsuit claiming a violation of Title VII. 225

Preventing Workplace Harassment, Discrimination, and Retaliation ©2019 (s) Liebert Cassidy Whitmore 57