Opinion
Case No. 2:02-CV-883
December 19, 2002
OPINION AND ORDER
On September 11, 2002, sixteen individually named City of Columbus Police Officers commenced the instant action against the City of Columbus and Police Chief James Jackson, alleging discrimination on the basis of race and sex in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., the Fourteenth Amendment to the United States Constitution. and Ohio Revised Code Chapter 4112.
On September 19, 2002, Defendants City of Columbus and Police Chief James Jackson filed a Motion to Dismiss Plaintiffs' Title VII claims for failure to exhaust administrative remedies. Plaintiffs responded to the motion on October 11, 2002, noting that because Plaintiffs' EEOC charges were filed against the City of Columbus, the requests for right to sue letters were forwarded to the United States Department of Justice. On September 30, 2002, the Justice Department issued notices of right to sue to all Plaintiffs. The notices were received on October 7, 2002. (Exhibit D attached to Memorandum contra). Consequently, Plaintiffs contend that the Motion to Dismiss should be denied.
As Defendants correctly point out, Title VII requires a Plaintiff to possess a right to sue letter from the EEOC in order to file a discrimination lawsuit under Title VII. 42 U.S.C. § 2000e-5 (f)(1). As the Sixth Circuit has held, however, obtaining a right to sue letter prior to commencing a Title VII suit is not a jurisdictional requirement. Thus, the Plaintiffs' subsequent receipt of the right to sue letters operate to cure the initial filing defect. Portis v. State of Ohio, 141 F.3d 632, 635 (6th Cir. 1998).
Since Plaintiffs herein have obtained right to sue letters in accordance with the requirement of Title VII, the Defendants' Motion to Dismiss (Doc. #6) is DENIED.