The 9th Circuit Court of Appeals has given a government employee another shot at a discrimination lawsuit. The case highlights how complicated the litigation process has become, since apparently even the EEOC doesn’t know the rules.
Recent case: Mary, who has multiple sclerosis and lupus, lost her job as an administrative law judge with the EEOC.
She sued for disability discrimination. Her case was initially dismissed on a technicality; she allegedly hadn’t filed her lawsuit within the limits required for federal employees.
She appealed and the 9th Circuit Court of Appeals gave her another shot at making her case. The court noted the complicated mechanism in place for federal employees, who not only have just 45 days to file an internal EEO complaint, but also must comply with other subsequent deadlines. (Bullock v. Berrier, No. 10-55866, 9th Cir., 2012)