U.S. Supreme Court Has Decided Not to Review Transgender Discrimination Case
The U.S. Supreme Court has recently decided that it will not review a case surrounding a Georgia fire chief allegedly fired for being transgender in violation of Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act.
The plaintiff, Rachel Mosby, had been fire chief for the City of Byron for 11 years when she was discharged in 2019.
Mosby filed a charge with the EEOC, with a five-page letter and eleven pages of exhibits. She also noted her appearance on the local news a few weeks prior to her termination, in which she talked about her experience as a transgender firefighter.
Under federal law, charges under Title VII and the ADA must be “in writing under oath or affirmation.” And EEOC regulations require that these charges “be verified,” which means “sworn to or affirmed before” a person authorized to hear oaths.
During the EEOC investigation, the City of Byron did not raise issue that the charge had not been properly verified. But, in federal court, the City did raise that issue in a motion to dismiss.
When the City raised their motion to dismiss, Mosby attempted to amend her EEOC charge retroactively, but the EEOC refused to do so because the case had now been closed.
In April of 2022, the 11th Circuit proceeded with upholding the dismissal of Mosby’s discrimination claims, rejecting Mosby’s argument that she be excused for failing to verify her charge.
Mosby then petitioned the U.S. Supreme Court to review the 11th Circuit ruling.
She cited the Court’s ruling in Fort Bend v. Davis in her argument.
In Fort Bend, the Court allowed a religious discrimination case to move forward when there was a question as to whether the employee’s initial EEOC charge raised a religion-based claim, because the issue was not raised until the litigation had been ongoing for years.
Mosby urged the Court to treat her case similarly, arguing that a failure to verify her charge should not bar her discrimination claims.
The justices have declined to hear her case. This decision by the Court raises a question as to how much time must pass for an employer who did not raise an issue with the charge filing to have that defense waived.
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