The U.S. Supreme Court today granted review on a procedural issue in a Title VII religious discrimination case– Fort Bend County, Texas v. Davis, (Docket No. 18-525, certiorari granted, 1/11/2019). (Order List). In the case, the U.S. 5th Circuit Court of Appeals held that the the requirement that a person exhaust administrative remedies before bringing a Title VII action is not jurisdictional. This meant that the county’s delay in raising the defense of exhaustion could result in its forfeiting its right to raise the defense. (See prior posting.) Here is SCOTUSblog’s case page giving links to the filings with the Supreme Court in the case.
