United States DC Circuit

In case where independent contractor contacted an equal employment opportunity counselor to file a sex discrimination complaint beyond the 45-day time limit for federal employees to make such contacts, summary judgment for defendant is reversed where: 1) the agency must grant an extension under 29 C.F.R. section 1614.105(a)(2) if: 1) the employee shows that she was not notified or otherwise aware of the time limit; 2) the employee need not separately satisfy the common law standard for equitable tolling; and 3) a reasonable jury could find that appellant lacked constructive notice.

Appellate Information

• Argued 03/13/2007
• Decided 05/25/2007
• Published 05/25/2007

Judges

• TATEL, Circuit Judge., Before:  TATEL, GARLAND, and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Stephen Z. Chertkof argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Rhonda C. Fields, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Michael J. Ryan, Assistant U.S. Attorney, entered an appearance.