Bohbot & Riles, PC Attorneys at Law
Call Today
You are here:

Even if employees in California and other states don't bring allegations of workplace discrimination directly to state agencies or the U.S. Equal Employment Opportunity Commission (EEOC), they may still be able to move forward with their claim. This is what the U.S. Supreme Court ruled in a unanimous decision in June, 2019. The verdict applies to federal courts and discrimination claims filed under Title VII of the Civil Rights Act.

The decision essentially means courts cannot automatically dismiss an employment discrimination case simply because a worker didn't first file a claim with the EEOC or an equivalent agency. However, employers are still able to bring up instances of a plaintiff's failure to first file a claim with the EEOC within a timely manner to seek dismissal of a claim. But this defense may not be permissible if an employer fails to bring it up within a reasonable period of time.

In the wake of this decision, employers involved in Title VII lawsuits are advised to determine if a worker first filed a claim with a state enforcement agency or the EEOC as soon as possible. This ruling does not apply to state non-discrimination laws and related claims filed in state courts. In California, for instance, workplace discrimination allegations must first be filed with the Department of Fair Employment and Housing on a state level. It is, however, possible that state courts may eventually adopt the High Court's ruling and apply it to the state level.

The role of a workplace discrimination attorney with any case of this nature is to help ensure an affected employee's rights are upheld. Filing an employment discrimination claim can be a complicated process, even when a worker goes to the EEOC first. A lawyer might make sure important deadlines are met and that supporting documentation is included to back up the discrimination assertions being made.

No Comments

Leave a comment
Comment Information
  • Martindale-Hubbell | AV Preeminent Peer Rated for Highest Level of Professional Excellence 2019
  • Avvo Rating 10.0 Superb | Top Attorney Wrongful Termination
  • LC | Lead Counsel Rated
  • BBB | Accredited Business

Schedule a Free Evaluation

Send us an email or call 510-250-7278 to arrange a meeting today.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Submit a questionnaire for a Free Evaluation

Visit Bohbot & Riles

4319 Piedmont Avenue
2nd Floor
Oakland, CA 94611

Toll Free: 877-741-5160
Phone: 510-250-7278
Fax: 510-273-8911
Oakland Law Office Map

Had a great experience? Leave A Review