Supreme Court Holds Title VII Charge-Filing Is Mandatory but Not Jurisdictional

Resolving a circuit split, the U.S. Supreme Court recently confirmed that filing a charge with the Equal Employment Opportunity Commission (or equivalent state agency) is not a jurisdictional requirement under Title VII. Instead, filing a charge is a procedural prerequisite, and the failure to do so must be pled as an affirmative defense. While the Supreme Court’s clarification does not represent a seismic shift in the law, it provides an important reminder for employers: failing to affirmatively raise the charge-filing requirement in defensive pleadings may waive this potent and potentially dispositive defense.