Eleventh Circuit Finds That Postal Worker's Failure To Amend EEOC Charge Spells End To Discrimination Suit

• Published date: 21 October 2022
• Subject Matter: Employment and HR, Discrimination, Disability & Sexual Harassment
• Law Firm: Ogletree, Deakins, Nash, Smoak & Stewart
• Author: Mr Gregory Hawran

On October 3, 2022, the United States Court of Appeals for the Eleventh Circuit held in Ellison v. Postmaster General, United States Postal Service that a plaintiff bringing a claim for retaliation failed to exhaust his administrative remedies under Title VII of the Civil Rights Act of 1964 by failing to amend his U.S. Equal Employment Opportunity Commission (EEOC) charge when the alleged retaliatory conduct occurred.

Background

Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of race, color, national origin, sex (including pregnancy, sexual orientation, and gender identity), and religion. Title VII also makes it unlawful to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. However, before an employee may file suit in court, Title VII requires an employee to initiate an administrative charge of discrimination with the EEOC and obtain a notice of right to sue. Then, once suit is filed, the plaintiff's complaint is limited by the scope of the EEOC investigation that can reasonably be expected to grow out of the charge of discrimination.

Eric Ellison was a mail handler with the United States Postal Service (USPS) in Jacksonville, Florida. In February 2016, Ellison's supervisor assigned him to a modified job position that reduced Ellison's daily hours from eight to two, which in turn reduced his daily pay. In June 2016, Ellison filed a formal charge of discrimination with the EEOC alleging that the supervisor discriminated against him on account of his race and disability when she assigned him the modified job position. On July 1, 2016, Ellison amended his charge of discrimination, alleging that the supervisor retaliated against him on June 23, 2016, when she allegedly ordered him to "report to the Robot Operation" or "leave the building." Later on, in July 2016, the supervisor allegedly removed Ellison from working at the USPS facility "without pay for approximately one year." After the EEOC issued Ellison a right-to-sue letter in March 2019, he filed suit in district court alleging disability and race discrimination and retaliation under Title VII. With regard to the retaliation claim, Ellison alleged that his supervisor retaliated against him when she placed him out of work without pay in July 2016. USPS moved to dismiss the retaliation claim arguing that Ellison "failed to...