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· 11/4/2012

Ellison v. Napolitano

Citations

  • 901 F. Supp. 2d 118
  • 27 Am. Disabilities Cas. (BNA) 466
  • 2012 WL 5381399
  • 2012 U.S. Dist. LEXIS 157985

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that employee could use prior, unexhausted discrimination claims as background evidence in support of a timely claim
  • concluding that employee could use prior, unexhausted discrimination claims as background evidence in support of a timely claim
  • dismissing claims ‘for failure, to exhaust in a timely manner 1 where the plaintiff ‘did not initiate contact with an EEO Counselor within 45 days of their alleged occurrences 1
  • “[Requests for accommodation may constitute protected activity and therefore ... allegations regarding those requests may support ... claims of retaliation .... ”
  • “Because untimely exhaustion of [Title VII] administrative remedies is an affirmative defense, the defendant bears the burden of pleading and proving it.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Judge Beryl A. Howell

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.