Gad v. Kansas State University, No. 14-3050 (10th Cir. 2015)
Annotate this CasePlaintiff-appellant Sabreen Gad filed a complaint with the Equal Employment Opportunity Commission against Kansas State University, alleging she was discriminated against in her effort to obtain a tenure-track position. Despite the EEOC sending her a formal charge document to sign and verify, as both Title VII and EEOC regulations required, she never did so. The EEOC elected not to pursue her case; she brought a Title VII suit against KSU. The issue this appeal presented for the Tenth Circuit's review centered on whether Title VII's requirement that a claimant verify the charges against an employer was a jurisdictional prerequisite to suit: if yes, then the district court correctly concluded that it lacked Article III subject-matter jurisdiction and dismissed the complaint; if the verification requirement was a non-jurisdictional condition precedent to suit, it could be waived without defeating jurisdiction. The Tenth Circuit concluded the verification requirement was non-jurisdictional and did not divest the federal courts of subject-matter jurisdiction. Consequently, the Court reversed the district court's contrary decision and remanded the case for further proceedings.
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