United States Tenth Circuit

Postal workers' individual, Title VII claims of race and national origin discrimination and retaliation were improperly dismissed for failure to exhaust. The dismissals of their claims by the USPS were clearly labeled "Final Agency Decision"; individual allegations of discrimination can be exhausted through a class administrative complaint.

Appellate Information

• Decided 05/17/2004
• Published 05/17/2004

Judges

• EBEL, Circuit Judge., Before EBEL, PORFILIO, and O'BRIEN, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• David C. Warren, Warren & Boonin LLP, Boulder, CO (Jonathan B. Boonin, Warren & Boonin LLP, Boulder, CO, and Hartley David Alley, Wheat Ridge, CO, with him on the briefs), for Plaintiffs-Appellants.


• For Appellees:
  
• Eric David Miller, Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, DC (Robert D. McCallum, Jr., Assistant Attorney General, United States Department of Justice, Washington, DC, John W. Suthers, United States Attorney, Denver, CO, and Marleigh D. Dover, Attorney, Appellate Staff Civil Division, United States Department of Justice, Washington, DC with him on the brief), for Defendant-Appellee.