Charged Up: Supreme Court to Clarify Whether Title VII's Exhaustion Requirement Is Waivable or a Jurisdictional Prerequisite to Suit

" 'Jurisdiction,' it has been observed, 'is a word of many, too many, meanings.' " Concepts like claim-processing rules and administrative exhaustion are, similarly, less than clear. Even the Supreme Court has recognized that: "While perhaps clear in theory, the distinction between jurisdictional conditions and claim-processing rules can be confusing in practice."
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" 'Jurisdiction,' it has been observed, 'is a word of many, too many, meanings.' " Concepts like claim-processing rules and administrative exhaustion are, similarly, less than clear. Even the Supreme Court has recognized that: "While perhaps clear in theory, the distinction between jurisdictional conditions and claim-processing rules can be confusing in practice."

Alex Berg, is an associate with Kollman & Saucier, a metropolitan Baltimore law firm representing management in all areas of labor and employment law. Before joining the firm, Alex served as a judicial law clerk on the Maryland Court of Special Appeals and the D.C. Superior Court.

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