United States Second Circuit

Dismissal of Title VII employment discrimination claim for failure to state a claim upon which relief could be granted, based on plaintiff's failure to exhaust administrative remedies and rejection of equitable principles to excuse such failure, is vacated as the district court erred in failing to consider all of the unique circumstances of the case.

Appellate Information

• Decided 12/05/2006
• Published 12/06/2006

Judges

• MINER, Circuit Judge., Before: MINER, KEARSE, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard Merritt, Lindenhurst, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Steven M. Warshawsky, Assistant United States Attorney for the Eastern District of New York (Roslynn R. Mauskopf, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, on the brief), Brooklyn, NY, for Defendant-Appellee.