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· 11/22/2005

Kimberly Miles v. Dell, Incorporated, Equal Employment Opportunity Commission, Amicus Supporting

Citations

  • 429 F.3d 480
  • 2005 U.S. App. LEXIS 25132
  • 87 Empl. Prac. Dec. (CCH) 42,165
  • 96 Fair Empl. Prac. Cas. (BNA) 1639
  • 2005 WL 3111917

How courts have described this case

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

  • recognizing that there may be circumstances where application of the traditional elements of the prima facie case might improperly screen out cases where a presumption of discrimination could still exist
  • holding that a letter sent to the EEOC that “was not served on” the defendant was “insufficient to meet the administrative exhaustion requirement”
  • concluding that plaintiff’s failure to mark the retaliation box and the fact that the narrative did not mention retaliation supported the conclusion that her administrative charge did not include a retaliation claim
  • ruling that the plaintiff must “show” that the exception applies and holding that an exception applied where the plaintiff proffered “evidence” in support of its applicability
  • holding that plaintiff failed to exhaust administrative remedies when she “did not check the retaliation box on her charge form, and the narrative explaining her charge made no mention of retaliation”
  • noting that our “determination [in Causey ] that a thirteen month interval was sufficient to negate the causal inference depended on the absence of other evidence of retaliation”

Source: CourtListener parenthetical corpus (CC0).

Judges: Luttig, Hamilton, Dever, Eastern

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.