Kremer v. Chemical Construction Corp.

Today the Court follows an isolated Second Circuit approach and holds that a discrimination complainant cannot bring a Title VII suit in federal court after unsuccessfully seeking state court “review” of a state antidiscrimination agency’s unfavorable decision. The Court embraces a rule that has been subject to challenge within the Second Circuit1 and that has been “vigorously attacked and soundly rejected by other courts.”2 The Court reaches this result because it purports to find nothing in Title VII inconsistent with the application of the general preclusion rule of 28 U. S. C. § 1738 to…