Does the employee still need to file a retaliation claim with the EEOC before taking a claim to court?

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Updates to Whistleblowing and Retaliation: Sarbanes-Oxley, Dodd-Frank, and Title VII

Question:  "If the employer and employee are already in federal court concerning a labor dispute (e.g., a claim for underpayment of minimum wages), and then the employee claims retaliation for being fired for cause, does the employee still need to file this retaliation claim with the EEOC before taking this claim to court?"

Answer by Mark Oberti: Yes. Even if the parties are in court already on claim "A," the plaintiff still has to exhaust administrative remedies (ie go through the EEOC) on claim "B." Alternatively, if the parties jointly agreed and stipulated to waive the exhaustion requirement, then the plaintiff could skip over it.

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This was taken from the Lawline CLE Program entitled "Updates to Whistleblowing and Retaliation: Sarbanes-Oxley, Dodd-Frank, and Title VII" presented by Lawline Faculty member Mark Oberti.

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