Title VII of the Civil Rights Act of 1964 requires employees and job applicants to follow a rather lengthy administrative process before filing a lawsuit. New York City employment discrimination attorneys have multiple options when deciding how to approach claims like sexual harassment. Each statute defines procedures that lawyers and their clients must follow. A decision handed down by the U.S. Supreme Court in June 2019, Fort Bend County v. Davis, addresses a defense known as “administrative exhaustion.” Employers can raise this defense when a plaintiff did not follow the administrative process required by federal law. It can result in dismissal of a case. The Davis decision, however, holds that an employer waives the defense if they do not raise it soon enough.
Before an employee or former employee may file a lawsuit under Title VII in federal court, they must file a charge with the Equal Employment Opportunity Commission (EEOC). The deadline to file a charge is 180 days after the alleged unlawful act. 42 U.S.C. § 2000e-5(e)(1). The EEOC investigates the claim, and may attempt to reach a “conciliation agreement” with the employer. Id. at § 2000e-5(f)(1). It can decide to file suit against the employer on behalf of the complainant and others with similar claims.
A complainant only gains the right to file a lawsuit if, after 180 days, the EEOC has not initiated a lawsuit. The complainant can request a notice, known as a “right to sue” letter, that gives them ninety days to file suit. 29 C.F.R. § 1601.28. If an individual files a Title VII lawsuit before they have received a right-to-sue letter, the defendant can move to dismiss the lawsuit on the ground that the plaintiff did not exhaust all of their administrative remedies. Hence, it is known as the administrative exhaustion defense.