United States Fifth Circuit

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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)

Appellate Information

  • Decided 01/22/2003
  • Published 03/24/2003

Judges

  • CLEMENT, Circuit Judge:, Before HIGGINBOTHAM, SMITH and CLEMENT, Circuit Judges.

Court

  • United States Fifth Circuit

Counsel

  • For Appellant:
  • Kala S. Dumont,Gaul & Dumont, San Antonio, TX, for Plaintiff-Appellant.

  • For Appellees:
  • Susan B. Biggs, San Antonio, TX, for Defendants-Appellees.