United States Third Circuit

Title VII and its accompanying regulations require a plaintiff bringing employment discrimination claims to verify her "charge" before the Equal Employment Opportunity Commission (EEOC), before an employer receives notice of, or is required to respond to, the charge. However, the verification requirement is not jurisdictional, and where an employer responds to the merits of a charge without raising the plaintiff's failure to verify her charge before the EEOC, it has waived its right to assert that defense in later federal court proceedings.

Appellate Information

• Argued 05/16/2006
• Decided 06/30/2006
• Published 06/30/2006

Judges

• Before RENDELL, VAN ANTWERPEN and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Steven D. Irwin, David V. Weicht [Argued], Leech, Tishman, Fuscaldo & Lampl, Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Susan T. Roberts, Frank G. Adams [Argued], Peacock, Keller & Ecker, Washington, PA, for Appellees.