Supreme Court Rules E.E.O.C Filings Are Not Jurisdictional

The United States Supreme Court ruled unanimously today that the filing of an administrative Charge before the E.E.O.C. is not a jurisdictional requirement. The Supreme Court in Fort Bend County vs. Davis held that the Charge before the E.E.O.C. is a non-jurisdictional claims processing rule. This does not mean that employees will no longer have to file before the E.E.O.C. or the PHRC. That requirement still stands. What the decision means is that employers must challenge the failure to file before the E.E.O.C. at the earliest possible moment or the challenge will be considered waived.