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Employers can lose failure-to-exhaust defense if not timely raised, U.S. Supreme Court rules

The U.S. Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their claims before the U.S. Equal Employment Opportunity Commission or an equivalent state agency (e.g., Massachusetts Commission Against Discrimination). The court’s ruling, however, made clear that employers can continue to protect themselves against new claims, so long as they raise the failure-to-exhaust defense early in litigation.

Read more at New England In-House

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