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David Morrision Quoted on SHRM.org

April 26, 2019

David Morrison, a principal in the firm's Litigation and Labor & Employment groups, was quoted recently on the SHRM.org website in an article entitled "Must an Employee File an EEOC Discrimination Charge Before a Lawsuit?" regarding the Fort Bend County v. Davis Title VII case. The article discusses this current case pending before the United States Supreme Court. 

Morrison discusses the central issue of the case, whether the filing of an EEOC charge is mandatory or waivable before filing a lawsuit through the courts, and the implications for both the employee and employer. He also comments on the recent oral argument before the Supreme Court, and the questions and remarks made by the Supreme Court Justices during the argument to anticipate where their final votes might fall.

"There are policy rationales available to both sides of the argument," Morrison observed. "If I were counting votes, I think that the court is going to side with the employee and conclude that the textual and policy reasons favor finding an administrative exhaustion rule—not a jurisdictional rule—governs the filing of a timely EEOC charge before filing a federal lawsuit."

To read the full article, please click here

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