United States Second Circuit

In a case brought by a plaintiff who self-identifies as male but was born biologically female, alleging his labor union discriminated against him on the basis of sex and retaliated against him for filing an earlier action against them, the district court's order dismissing the claims for lack of jurisdiction due to failure to exhaust administrative remedies is vacated where the administrative exhaustion requirement of Title VII, 42 U.S.C. section 2000e‐5(e), is not a jurisdictional prerequisite to suit in federal court, but rather is a necessary precondition to suit and is subject to equitable defenses.

Appellate Information

• Decided 06/19/2015
• Published 06/19/2015

Judges

• Carney

Court

• United States Second Circuit

Counsel