MARTINEZ v. DEP'T OF THE US ARMY, 02-50765
Dismissal of Title VII claims is reversed, because 42 U.S.C. section 2000e-16(c) allows federal employees to file suit in federal court if an agency has not taken final action within 180 days, and because abandonment of an EEOC appeal was not a failure to cooperate with the administrative process. (Revised opinion)
- Decided 01/22/2003
- Published 03/24/2003
- CLEMENT, Circuit Judge:, Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.
- United States Fifth Circuit
- For Appellant:
- Kala S. Dumont,Gaul & Dumont, San Antonio, TX, for Plaintiff-Appellant.
- For Appellees:
- Susan B. Biggs, San Antonio, TX, for Defendants-Appellees.