The following excerpt is from Surrell v. California Water Service Co., 518 F.3d 1097 (9th Cir. 2008):
"[f]ailure to observe these requirements renders a suit subject to dismissal in the absence of any equitable consideration to the contrary") (emphasis added); see also Pietras v. Bd. of Fire Comm'rs, 180 F.3d 468, 474 (2d Cir.1999) ("Every circuit before us that has faced the question has held that a plaintiff's failure to obtain a notice-of-right-to-sue[ ] letter is not a jurisdictional bar, but only a precondition to bringing a Title VII action that can be waived by the parties or the court.").
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