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· 10/6/1998

Hazel M. DAVIS, Plaintiff-Appellant, v. SODEXHO, CUMBERLAND COLLEGE CAFETERIA, Defendant-Appellee

Citations

  • 157 F.3d 460
  • 1998 U.S. App. LEXIS 24620
  • 74 Empl. Prac. Dec. (CCH) 45,593
  • 78 Fair Empl. Prac. Cas. (BNA) 215
  • 1998 WL 684304

How courts have described this case

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

  • noting that the exhaustion requirement notifies potential defendants of the nature of the plaintiffs claims and provides them with the opportunity to settle claims before the EEOC rather than litigate them
  • finding that it would be unreasonable to expect an EEOC investigation of sex discrimination to grow out of another charge simply because a plaintiff wrote a “feminine name” in the space provided
  • recognizing an EEOC charge as a “jurisdictional prerequisite to filing a civil action”
  • finding the exhaustion requirement satisfied, despite claim being uncharged, “[w]hen the EEOC investigation of one charge in fact reveals evidence of a different type of discrimination against the plaintiff”
  • “The charge filing requirement would be written out of the law, and the triggering and conciliation functions disabled, were we to accept Davis’ argument.”
  • “When the EEOC investigation of one charge in fact reveals evidence of a different type of discrimination against the plaintiff, a lawsuit based on the newly understood claim will not be barred.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kennedy, Cole, Russell

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.