Employers usually picture depositions and performance records when they think about defending an employment lawsuit — not procedure. But some of the most effective defenses never reach the merits at all. A recent 6th U.S. Circuit Court of Appeals decision, Barnett-Morgan v. Inverness Technologies, Inc., is a good reminder that procedural defenses are worthy of early attention: A plaintiff’s failure to exhaust administrative remedies with the Equal Employment Opportunity Commission (EEOC) can end a claim regardless of how strong it might be.
What Happened in the Case
Former employee Renete Barnett-Morgan alleged in her lawsuit that Inverness Technologies terminated her for race discrimination and in retaliation for complaining about a coworker’s hostile behavior. When she completed her EEOC charge related to her claims, Barnett-Morgan did not check the retaliation box, did not mention retaliation in the body of her charge, and principally focused on race discrimination.
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