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when title vii s exhaustion requirement is satisfied, the power to address an employment discrimination claim shifts from the executive to the judicial branch. the exhaustion requirement is therefore jurisdictional, and the planed - in the plainest sense of the word. that is confirmed in at least three ways. first. the text and structure of section 2000 e- five demonstrates the exhaustion requirement is jurisdictional. and shoring that courts do not reach the merit of a claim before it has been presented to the expert agencies. the expert agency, unlike the samples that you give, adjudicatory authority. the eeoc has no authority to adjudicate. yes, you have to let the complaint stay there for 180 days. but, they don t decide anything. even if they decide to dismiss your claims, that has no preclusive effect in the court. so, it is one thing to say, when congress sets a scheme where the agency is the equivalent of a deck court of first instance, it makes a decision and tha
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