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...
To display this content from YouTube, you must enable advertisement tracking and audience measurement. 2 min One account known for spreading anti-Indian disinformation and fake news shared what it...