Court refuses to revive bias suit from ex postal worker

Law360 (October 4, 2022, 1:46 PM EDT) — The Eleventh Circuit refused to revive a suit from an ex-U.S. Postal Service worker who said the agency canned him for complaining about race and disability bias, saying his U.S. Equal Employment Opportunity Commission charge didn’t lay the groundwork for a retaliation claim.

The Eleventh Circuit said a Black former USPS worker cannot pursue a retaliation claim against the agency. (AP Photo/David Zalubowski)

Because Eric M. Ellison did not exhaust his administrative remedies by bringing a specific retaliation allegation to the EEOC, the claim can’t stand against the USPS, the three-judge appellate panel ruled in a unanimous, unpublished opinion issued Monday.

Ellison, who is Black, sued the postal service in 2019, alleging race discrimination, disability discrimination and retaliation in violation of Title VII of the Civil Rights Act and the Rehabilitation Act. The case was dismissed but Ellison appealed on his retaliation claim.


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