Split 3rd Circ. Panel Throws Out Retaliation Case for Failure to Exhaust Administrative Remedy
One of the single biggest issues that we employment lawyers must confront is ensuring that our clients have properly administratively exhausted his or her claims.
April 22, 2021 at 01:13 PM
8 minute read
One of the single biggest issues that we employment lawyers must confront is ensuring that our clients have properly administratively exhausted his or her claims. The path to a successful employment claim is riddled with obstacles and roadblocks, none more significant than being able to file a civil lawsuit in the first place. Experience has shown that if there is even so much as the slightest slip-up when filing an administrative charge, savvy employers will pounce like a famished lion on a hapless gazelle. Look no further than a recent decision from the U.S. Court of Appeals for the Third Circuit where a majority panel threw out a retaliation suit because the claim was not included within the four corners of the original Equal Employment Opportunity Commission (EEOC) charge.
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