David Morrison Quoted in "Ruling Alerts Employers To Make EEOC, Lawsuit Comparisons Quickly"
David Morrison, a principal in the firm's Litigation and Labor & Employment groups, was quoted in "Ruling Alerts Employers to Make EEOC, Lawsuit Comparisons Quickly," published in the June 11, 2019, edition of Business Insurance. The article encourages employers to move quickly to compare discrimination allegations made in lawsuits filed against them to previous complaints made to the EEOC in light of the recently decided Fort Bend County v. Davis Title VII case by the United States Supreme Court, . In that case, the court sided with the employee and left the onus on the employer to timely assert in court the employee's failure to meet the charge-filing requirements before the EEOC.
“In many ways, the ruling is not particularly surprising,” said Mr. Morrison. “It has been the general rule among most courts to consider the EEOC charge filing requirements to be a procedural obligation of the plaintiffs, not necessarily a jurisdictional limit on the courts.”
Mr. Morrison also said, “When our clients are sued, one of the first thing things we do is, we will serve a Freedom of Information Act request to the EEOC,” asking the agency to provide it with its files on the case.
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