Jottings By An Employer's Lawyer

Sunday, August 17, 2003

1st Cir - Dismissal For Failure to File Charge With EEOC Without Prejudice

A defendant loses a quick victory when the appellate court reverses a trial court's dismissal of a Title VII lawsuit with prejudice because the plaintiffs filed their suit before filing their EEOC charge. LeBron-Rios v. U.S. Marshall Service (1st Cir. 8/14/03) Although it might not always be the case, here it was meaningful since there was still time to file a timely charge with the EEOC.

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