David Morrison, a principal in the firm's Litigation and Labor & Employment groups, is quoted in "Employee Can Proceed with Bias Lawsuit Despite Failure to File EEOC Charge," published in the June 3, 2019, edition of SHRM.org.
The article discusses Fort Bend County v. Davis, a Title VII case recently decided by the United States Supreme Court. The court ruled in a unanimous opinion that "the requirement to file charges with the Equal Employment Opportunity Commission or similar state agencies isn't a jurisdictional issue." In other words, the onus is on employers to assert in a timely way that a plaintiff failed to meet the charge-filing requirements under Title VII of the Civil Rights Act of 1964, or they waive that defense.
As a result, Mr. Morrison advises that "employers and their counsel should bring any procedural defects to the court's attention at the earliest practical juncture."