United States Eighth Circuit

In an action alleging that the USDA discriminated against plaintiff because she is disabled and retaliated against her for engaging in protected conduct, summary judgment for the USDA is reversed where the district court erred finding plaintiff had failed to exhaust her administrative remedies as plaintiff's letters to the Director of the USDA's Office of Civil Rights satisfied the EEOC counselor contact requirement under 29 C.F.R. Sec. 1614.105(a).

Appellate Information

• Decided 12/01/2008
• Published 12/01/2008

Judges

• GRUENDER, Circuit Judge., Before WOLLMAN, SMITH and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Lloyd “Tre” W. Kitchens, III, argued, North Little Rock, AR, for appellant.


• For Appellees:
  
• Richard M. Pence, AUSA, argued, Little Rock, AR (Stacey E. McCord, AUSA, Little Rock, AR, on the brief), for appellee.