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Glossary

Exhaustion of administrative remedies

A rule that requires a person to go through the available agency complaint process before they can sue in court.

Many laws set up an agency process that has to be used first, like filing a charge with the EEOC before suing for job discrimination, or filing an internal grievance before suing a government agency. The point is to give the agency a chance to fix the problem, build a record, and screen out weak cases before they reach the courts. If a plaintiff skips the agency step, the defendant can move to dismiss for failure to exhaust. There are exceptions, including when the agency process would be useless or when the agency lacks power to give the relief the plaintiff needs. The specific requirements depend on the statute creating the cause of action.