CIVIL RIGHTS-TITLE VII-ADMINISTRATIVE FILING-JURISDICTION

June 19th, 2019 by Rieders Travis in Civil Rights

Justice Ginsburg delivered the opinion of this Court. Title VII of the Civil Rights Act of 1964 proscribes discrimination in employment on the basis of race, color, religion, sex, or national origin. 78 Stat. 255, 42 U.S.C. §2000e-2(a)(1 ). The Act also prohibits retaliation against persons who asserts rights under the statute. §2000e-3(a). As a precondition to the commencement of a Title VII action in court, a complainant must first file a charge with the Equal Employment Opportunity Commission (EEOC or Commission). §2000e- 5(e)(1 ), (f)(1). The question this case presents: Is Title VII charge-filing precondition to suit a “jurisdictional” requirement that can be raised at any stage of a proceeding; or is it a procedural prescription mandatory if timely raised, but subject to forfeiture if tardily asserted? We hold that Title Vll’s charge-filing instruction is not jurisdictional, a term generally reserved to describe the classes of cases a court may entertain (subject­matter jurisdiction) or the persons over whom a court may exercise adjudicatory authority (personal jurisdiction). Kontrick vs Ryan, 540 U.S. 443, 445 (2004). Prerequisites to suit like Title Vll’s charge-filing instruction are not of that character; they are properly ranked among the array of claim-processing rules that must be timely raised to come into play. Fort Bend County, TX vs. Davis, 587 U.S._ (2019).