Case Citator › MacKenzie v. City & County of Denver

MacKenzie v. City & County of Denver

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Tenth Circuit
Citation
414 F.3d 1266
Decided
Confirmed treatments
1
Flagged citations read
54 of 54
Citing cases (total)
54
Treatment dates
2018
Overruled in part
A reviewed court has overruled part of this case’s holding. MacKenzie v. City & County of Denver was overruled in part on whether an employee's failure to file an EEOC charge deprives a federal court of jurisdiction. In Lincoln v. BNSF Railway Co., a Tenth Circuit panel acting with the approval of the active judges held that failure to exhaust instead gives the employer an affirmative defense.
More on how this was screened

The confirmed treatment is listed below. All 54 flagged citations have been read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

54 later cases cite MacKenzie v. City & County of Denver; 54 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on MacKenzie v. City & County of Denver?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • With full-court approval, the panel displaced MacKenzie's rule that an employee's failure to file an EEOC charge prevents a federal court from hearing the claim.

    Lincoln v. BNSF Railway Co. · Tenth Circuit · filed

    our precedent that the filing of an EEOC charge is a jurisdictional prerequisite to suit is no longer correct. ... MacKenzie, 414 F.3d at 1274 (“In the tenth circuit, a plaintiff must exhaust her claims before the EEOC as a prerequisite to federal court jurisdiction over her ADA claims.”) ... Thus, the full court now holds that a plaintiff’s failure to file an EEOC charge regarding a discrete employment incident merely permits the employer to raise an affirmative defense of failure to exhaust but does not bar a federal court from assuming jurisdiction over a claim.
    Read the full opinion on CourtListener →

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