• Posts by Sharon Ormond
    Posts by Sharon Ormond
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    Sharon Ormond chairs the firm’s Education Law Technology group and is a member of the firm’s Higher Education, Title IX, Civil Rights, and Wage and Hour groups.  She represents numerous Community College Districts and other ...

Failure to Comply with the EEOC’s Claim-filing Requirements May Not Bar Courts from Hearing Discrimination Cases  

On June 3, 2019, the United States Supreme Court issued a rare unanimous decision authored by Justice Ruth Bader Ginsberg in Fort Bend County, Texas v. Davis (2019) — S.Ct. —, 2019 WL 2331306.  The Court held the charge-filing requirements specified in Title VII of the Civil Rights Act of 1964 are not jurisdictional.  If a requirement is jurisdictional, courts may not adjudicate a claim unless the requirement has been met.  Challenges to a court’s subject-matter jurisdiction may be raised by a defendant at any time during litigation.  On the other hand, if a claim-filing requirement is simply a procedural prerequisite to filing a lawsuit, a defendant employer must timely object based on the plaintiff’s failure to comply, or forfeit the objection. 

On August 31, 2012, AALRR attorneys Irma Rodriguez Moisa and Sharon J. Ormond obtained a unanimous jury defense verdict in favor of The Regents of the University of California after a 14-day jury trial.  The Plaintiff, James Friedman, was laid off from his position at the University of California at Los Angeles in April 2010 after a reorganization of his unit resulted in his position being eliminated.  He ...

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