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Employers can lose failure-to-exhaust defense if not timely raised, U.S. Supreme Court rules

On June 3, the U.S. Supreme Court ruled unanimously in Fort Bend County, Texas vs. Davis that Title VII cases can proceed in federal court even if employees fail to first bring their claims before the U.S. Equal Employment Opportunity Commission or an equivalent state agency (e.g., Massachusetts Commission Against Discrimination). The court’s ruling, however, made clear that ...

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