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David E. Schwartz and Risa M. Salins David E. Schwartz and Risa M. Salins

This past Monday the U.S. Supreme Court unanimously ruled that an employer waited too long after a former employee filed a Title VII discrimination lawsuit to assert the individual failed to properly file a charge with the U.S. Equal Employment Opportunity Commission (EEOC). Therefore, the employer waived its argument that the lawsuit should be dismissed because the employee failed to exhaust administrative remedies. This month we review the court’s decision in this important case. We also examine another recent key decision impacting the EEOC. It requires most midsize and large employers to submit expanded Employer Information Reports (EEO-1 Reports)—including employee wage data categorized by gender, ethnicity and race, and by job category, for calendar years 2017 and 2018—to the EEOC by Sept. 30, 2019.

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