16 Fair empl.prac.cas. 723, 13 Empl. Prac. Dec. P 11,560 Hilda Tillman, for Herself & All Others Similarly Situated v. City of Boaz, a Mun. Corp., Billy B. Dyer, Individually & as Mayor of Boaz, Glenn Hammett, Curtis Snead, Max Hammett, James Langley, & John Colby, Individually & as Members of Theboaz City Council, 548 F.2d 592 (5th Cir. 1977). · Go Syfert
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16 Fair empl.prac.cas. 723, 13 Empl. Prac. Dec. P 11,560 Hilda Tillman, for Herself & All Others Similarly Situated v. City of Boaz, a Mun. Corp., Billy B. Dyer, Individually & as Mayor of Boaz, Glenn Hammett, Curtis Snead, Max Hammett, James Langley, & John Colby, Individually & as Members of Theboaz City Council, 548 F.2d 592 (5th Cir. 1977). Cases Citing This Book View Copy Cite
53 citation events (11 in the last 25 years) across 22 distinct courts.
Strongest positive: Dianne Steppe v. Carrols LLC d/b/a Burger King; and Carrols Corporation d/b/a Burger King (pamd, 2026-03-09)
Treatment trajectory · 1977 → 2026 · click a year to view as-of
1977 2001 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (rule) Dianne Steppe v. Carrols LLC d/b/a Burger King; and Carrols Corporation d/b/a Burger King
M.D. Penn. · 2026 · confidence medium
Hicks, 572 F.2d at 965 (citing Tillman v. | City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977)). | Plaintiff's “mannerisms and characteristics” theory underlying her “regarded as’ claim falls | within the scope of her EEOC complaint, whether or not it is construed liberally.
discussed Cited as authority (rule) Brooks v. JFP Project One LLC
E.D. La. · 2024 · confidence medium
However, “charges filed with the EEOC must be liberally construed because they are made by persons who are unfamiliar with the technicalities of formal pleadings and who usually do not have the assistance of an attorney.” Id. (citing Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir.1977)).
discussed Cited as authority (rule) Buckner v. West Tallahatchie School District
N.D. Miss. · 2024 · confidence medium
But because Buckner did not adequately exhaust his ADA claims with respect to suspension or failure to accommodate his request for certain technology in 16 “Charges filed with the EEOC must be liberally construed because they are made by persons who are unfamiliar with the technicalities of formal pleadings.” Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977). his classroom, the defendants’ motion to dismiss ADA claims related to such will be granted. c.
discussed Cited as authority (rule) Chancey v. Fairfield Southern Co. (2×)
N.D. Ala. · 2013 · confidence medium
However, this court has found a pre-Bonner decision which it finds to be helpful to the analysis. 9 In Tillman v. City of Boaz, 548 F.2d 592, 593 (5th Cir.1977), “[t]he issue [wa]s whether Plaintiff complied with the administrative remedy provisions of 42 U.S.C. § 2000e-5 which require a charge to be filed initially with the Equal Employment Opportunity Commission (hereafter the EEOC) against each defendant before proceeding against them in the district court.” “The charge form, when completed and filed, listed ‘Mayor Billy B.
discussed Cited as authority (rule) Dunn v. Uniroyal Chemical Co., Inc. (2×) also: Cited "see"
M.D. La. · 2001 · confidence medium
Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir.1977). 20 .
discussed Cited as authority (rule) Lacher v. West
N.D. Tex. · 2001 · confidence medium
“Weight and credibility should be given to the construction or meaning the EEOC gives to charges filed with them,” Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir.1977) (allowing an expansive reading of an EEOC charge because of the scope of the investigation), but an employment discrimination lawsuit can extend beyond the scope of the actual investigation.
discussed Cited as authority (rule) Blalock v. Dale County Board of Education (2×)
M.D. Ala. · 1999 · confidence medium
Additionally, “[wjeight and credibility should be given to the con *1302 struction or meaning the EEOC gives to charges filed with them.” Tillman v. City of Boat, 548 F.2d 592, 593 (5th Cir.1977) 13 (citations omitted).
discussed Cited as authority (rule) Malone v. K-Mart Corp.
M.D. Ala. · 1999 · confidence medium
Further, “[c]harges filed with the EEOC must be liberally construed because they are made by persons who are unfamiliar with the technicalities of formal pleadings and who usually do not have the assistance of an attorney.” Tillman v. City of Boaz, 548 F.2d 592, 593 (5th Cir.1977) 2 (citations omitted).
discussed Cited as authority (rule) Bodiford v. State of Ala.
M.D. Ala. · 1994 · confidence medium
Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir.1977) (citations omitted). [T]he “scope” of the judicial complaint is limited to the “scope” of the EEOC investigation which can reasonably be expected to grow out of the charge of discrimination.
discussed Cited as authority (rule) Rolin v. Escambia County Board of Education (2×) also: Cited "see, e.g."
S.D. Ala. · 1990 · confidence medium
Normally, “[w]eight and credibility should be given to the construction or meaning the EEOC gives to charges filed with them [sic].” Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir.1977) (citation omitted).
discussed Cited as authority (rule) Long v. State of Florida
11th Cir. · 1987 · confidence medium
The district court did not err in refusing to dismiss these defendants because they were within "the scope of the EEOC investigation which could reasonably grow out of the administrative charge[s]." Terrell v. United States Pipe & Foundry Co., 644 F.2d 1112, 1123 (5th Cir. Unit B 1981); see also Hamm v. Members of the Bd. of Regents of the State of Florida, 708 F.2d 647, 650 (11th Cir.1983); Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir.1977).
discussed Cited as authority (rule) Long v. Florida
11th Cir. · 1986 · confidence medium
The district court did not err in refusing to dismiss these defendants because they were within “the scope of the EEOC investigation which could reasonably grow out of the administrative charge[s].” Terrell v. United States Pipe & Foundry Co., 644 F.2d 1112, 1123 (5th Cir. Unit B 1981); see also Hamm v. Members of the Bd. of Regents of the State of Florida, 708 F.2d 647, 650 (11th Cir.1983); Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir.1977).
discussed Cited as authority (rule) Mathews v. Houston Independent School District
S.D. Tex. · 1984 · confidence medium
See, e.g., Terrell, 644 F.2d at 1123 (“reasonable limits of investigation,” not literal wording of charge, define permissible scope of subsequent Title VII action); Tillman v. City of Boaz, 548 F.2d 592, 593 (5th Cir.1977) (per curiam ) (letter- sent to EEOC complaining of discrimination by two defendants “incorporated” into EEOC formal charge).
discussed Cited as authority (rule) 34 Fair empl.prac.cas. 1114, 34 Empl. Prac. Dec. P 34,335 Dorothy Walls, Cross-Appellees-Appellants v. Mississippi State Department of Public Welfare, Cross-Appellants v. United States of America, Cross-Appellee
5th Cir. · 1984 · confidence medium
Fellows, supra, 701 F.2d at 451-53; Terrell v. United States Pipe & Foundry Co., 644 F.2d 1112, 1123-24 (5th Cir.1981), cert. denied, 456 U.S. 972 , 102 S.Ct. 2234 , 72 L.Ed.2d 845 (1982); Tillman v. City of Boaz, 548 F.2d 592, 592 (5th Cir.1977).
discussed Cited as authority (rule) Walls v. Mississippi State Department of Public Welfare
5th Cir. · 1984 · confidence medium
Fellows, supra, 701 F.2d at 451-53; Terrell v. United States Pipe & Foundry Co., 644 F.2d 1112, 1123-24 (5th Cir.1981), cert. denied, 456 U.S. 972 , 102 S.Ct. 2234 , 72 L.Ed.2d 845 (1982); Tillman v. City of Boaz, 548 F.2d 592, 592 (5th Cir.1977).
discussed Cited as authority (rule) Samuel E. HEBERT, Et Al., Plaintiffs-Appellants, v. MONSANTO COMPANY and Texas City, Texas Metal Trades Council (AFL-CIO), Defendants-Appellees
5th Cir. · 1982 · confidence medium
See Terrell v. United States Pipe & Foundry Co., 644 F.2d 1112, 1123 (5th Cir. 1981); Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977); Sanchez v. Standard Brands, Inc., 431 F.2d 455, 566-67 (5th Cir. 1970).
cited Cited as authority (rule) 26 Fair empl.prac.cas. 1192, 26 Empl. Prac. Dec. P 32,040 Josef Eggleston and Albert Viera v. Chicago Journeymen Plumbers' Local Union No. 130, U. A., Defendants- Edell Plummer v. Chicago Journeymen Plumbers' Local Union No. 130, U. A., Defendants
7th Cir. · 1981 · confidence medium
Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977) (per curiam) (and the cases cited therein).
cited Cited as authority (rule) Eggleston v. Chicago Journeymen Plumbers' Local Union No. 130
7th Cir. · 1981 · confidence medium
Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977) (per curiam) (and the cases cited therein).
examined Cited as authority (rule) Shirley C. Shehadeh v. Chesapeake and Potomac Telephone Company of Maryland (3×)
D.C. Cir. · 1978 · confidence medium
Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977); Sanchez v. Standard Brands, Inc., 431 F.2d 455, 462-463 (5th Cir. 1970); Cox v. United States Gypsum Co., 409 F.2d 289, 290 (7th Cir. 1969); Kaplan v. Alliance of Theatrical & Stage Employees Int’l, 525 F.2d 1354 , 1359 (9th Cir. 1975); Pittman v. Anaconda Wire & Cable Co., 408 F.Supp. 286, 291-293 (E.D.N.C.1976). 84 . 29 C.F.R. § 1601.11 (1977). 85 .
cited Cited "see" Barbara McCray v. Housing Authority City of Pittsburgh, et al.
W.D. Pa. · 2025 · signal: see · confidence high
See Hicks v. ABT Assoc., Inc., 572 F.2d 960, 965 (3d Cir. 1978) (citing Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977)). 10 12132.
discussed Cited "see" 25 Fair empl.prac.cas. 1262, 26 Empl. Prac. Dec. P 31,856 (2×) also: Cited "see, e.g."
5th Cir. · 1981 · signal: see · confidence high
Lacking enforcement powers, the Commission's disputes resolution machinery could not succeed if the federal courts were not in a position to review the complaint filed in a section 706 proceeding as broadly as the Commission views the charge. 58 Sanchez, 431 F.2d at 467 (quoting the amicus brief of the EEOC); see Tillman v. City of Boaz, 548 F.2d 592 (5th Cir. 1977) (deference should be given to EEOC interpretation of a charge).
discussed Cited "see" Terrell v. United States Pipe & Foundry Co. (2×) also: Cited "see, e.g."
5th Cir. · 1981 · signal: see · confidence high
Sanchez, 431 F.2d at 467 (quoting the ami-cus brief of the EEOC); see Tillman v. City of Boaz, 548 F.2d 592 (5th Cir. 1977) (deference should be given to EEOC interpretation of a charge).
cited Cited "see" EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff-Appellant, v. MISSISSIPPI COLLEGE, Defendant-Appellee
5th Cir. · 1980 · signal: see · confidence high
See Tillman v. City of Boaz, 548 F.2d 592, 596 (5th Cir. 1977); Sanchez v. Standard Brands, Inc., 431 F.2d 455, 462-63 (5th Cir. 1970).
discussed Cited "see" Wells v. Hutchinson
E.D. Tex. · 1980 · signal: see · confidence high
See Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977); Williams v. Southern Bell Telephone & Telegraph Co., 464 F.Supp. 367, 370-71 (S.D.Fla.1979); Stringer v. Commonwealth, 446 F.Supp. 704, 706 (M.D.Pa.1978).
cited Cited "see" Coley v. M & M MARS, INC.
M.D. Ga. · 1978 · signal: see · confidence high
See Tillman v. City of Boaz, 548 F.2d 592 (5th Cir. 1977); Canavan v. Beneficial Finance Corp., 553 F.2d 860 (3rd Cir. 1977); Kaplan v. Intern.
discussed Cited "see, e.g." Nathaniel M. Ervin v. Atlanta Public Schools
N.D. Ga. · 2026 · signal: see also · confidence low
Litman v. Sec’y of the Navy, 703 F. App’x 766, 771 (11th Cir. 2017); see also Tillman v. City of Boaz, 548 F.2d 592 , 594 (5th Cir. 1977)1 (“Charges filed with the EEOC must be liberally construed because they are made by persons who are unfamiliar with the technicalities of formal pleadings and who usually do not have the assistance of an attorney.”); accord 29 C.F.R. § 1601.34 (directing liberal construction of the EEOC’s rules).
discussed Cited "see, e.g." DeWald v. Amsterdam Housing Authority
N.D.N.Y. · 1993 · signal: see also · confidence low
Bd. of Educ., 752 F.Supp. 1020, 1024 (S.D.Ala.1990) (school board members could be sued only in their official capacities); Davis v. State Dep’t of Health, F.E., 744 F.Supp. 756, 760 (S.D.Miss.1990); see also Tillman v. Boaz, 548 F.2d 592 , 594 (5th Cir.1977) (city, not its mayor, was plaintiffs employer; therefore, relief could only be granted by city).
cited Cited "see, e.g." Thorkildson v. Insurance Co. of North America
D. Minnesota · 1986 · signal: see, e.g. · confidence medium
See, e.g., Tillman v. City of Boaz, 548 F.2d 592, 599 (5th Cir.1977); Pacific Maritime Assoc, v. Quinn, 491 F.2d 1294, 1296 (9th Cir.1974).
discussed Cited "see, e.g." Harry Daniel HICKS, Appellant, v. ABT ASSOCIATES, INC., Appellee (2×)
3rd Cir. · 1978 · signal: see, e.g. · confidence medium
See, e. g., Tillman v. City of Boaz, 548 F.2d 592, 594 (5th Cir. 1977).
Retrieving the full opinion text from the archive…
16 Fair empl.prac.cas. 723, 13 Empl. Prac. Dec. P 11,560 Hilda Tillman, for Herself and All Others Similarly Situated
v.
City of Boaz, a Municipal Corporation, Billy B. Dyer, Individually and as Mayor of Boaz, Glenn Hammett, Curtis Snead, Max Hammett, James Langley, and John Colby, Individually and as Members of Theboaz City Council
76-3328.
Court of Appeals for the Fifth Circuit.
Mar 11, 1977.
548 F.2d 592
Published

548 F.2d 592

16 Fair Empl.Prac.Cas. 723,
13 Empl. Prac. Dec. P 11,560
Hilda TILLMAN, for herself and all others similarly
situated, Plaintiff-Appellant,
v.
CITY OF BOAZ, a Municipal Corporation, Defendant-Appellee,
Billy B. Dyer, Individually and as Mayor of Boaz, Glenn
Hammett, Curtis Snead, Max Hammett, James Langley,
and John Colby, Individually and as
members of theBoaz City
Council, Defendants.

No. 76-3328

Summary Calendar.[*]

United States Court of Appeals,
Fifth Circuit.

March 11, 1977.

Edward Still, Susan Williams Reeves, Birmingham, Ala., for plaintiff-appellant.

Albert C. Bowen, Jr., J. Scott Vowell, Birmingham, Ala., for defendant-appellee.

Appeal from the United States District Court for the Northern District of Alabama.

Before GODBOLD, HILL and FAY, Circuit Judges.

PER CURIAM:

[*~592]1

This is an employment discrimination action brought by Plaintiff-Appellant under Title VII of the Civil Rights Act of 1964 as amended, 42 U.S.C. § 2000e et seq. The issue is whether Plaintiff complied with the administrative remedy provisions of 42 U.S.C. § 2000e-5 which require a charge to be filed initially with the Equal Employment Opportunity Commission (hereafter the EEOC) against each defendant before proceeding against them in the district court. In this case the district court held that the City of Boaz, Alabama (hereafter the City) was not properly a defendant and dismissed all claims against the City because the court never acquired jurisdiction under Title VII. We reverse on the following grounds.

2

The Plaintiff, Hilda Tillman, was employed by the City as a police radio dispatcher from February 24, 1974 until she was suspended without pay on January 24, 1975. The Mayor of the City, Billy B. Dyer, terminated her employment on February 28, 1975. Thereafter Tillman wrote a letter to the EEOC on March 13, 1975. Upon receipt, the EEOC assigned a charge number to the letter and furnished Tillman with the official charge form (EEOC Form 5). In her letter of March 13, 1975, Tillman wrote, "I would like to file a claim against the City of Boaz . . ." and proceeded to describe the alleged discriminatory acts. The charge form, when completed and filed, listed "Mayor Billy B. Dyer (sic) City of Boaz" as the employer(s) who discriminated against her. Tillman also incorporated by reference into the charge form her letter of March 13, 1975. The EEOC investigated the claim against both the City and the Mayor and issued a Right to Sue letter on November 17, 1975 pursuant to statute. Tillman filed her complaint against the City, the Mayor, and five members of the City Council in district court on November 26, 1975. The claim against the City was dismissed and plaintiff appealed.

3

Charges filed with the EEOC must be liberally construed because they are made by persons who are unfamiliar with the technicalities of formal pleadings and who usually do not have the assistance of an attorney.[1] Sanchez v. Standard Brands, Inc., 431 F.2d 455 (5th Cir. 1970); Kaplan v. International Alliance of Theatrical and Stage Employees and Motion Picture Machine Operators of the United States and Canada, 525 F.2d 1354 (9th Cir. 1975); Equal Employment Opportunity Commission v. Western Publishing Co., Inc., 502 F.2d 599 (8th Cir. 1974). Weight and credibility should be given to the construction or meaning the EEOC gives to charges filed with them. Macklin v. Spector Freight Systems, Inc., 156 U.S.App.D.C. 69, 478 F.2d 979 (1973).

4

Tillman's letter of March 13, 1975 specifically charges the City with an unlawful employment practice and is incorporated by reference into the charge form. The EEOC investigated the City and the Mayor. Thus, it is sufficiently clear from these documents that the charge was made against both the Mayor, acting as a city official, and the City. Further, the reinstatement requested by Tillman could only be granted by the City as her employer.

[*~593]5

For the foregoing reasons the order dismissing the City is reversed and the Plaintiff's complaint reinstated.

*

Rule 18, 5 Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of New York et al., 5 Cir. 1970, 431 F.2d 409. Part I

1

Letters such as the one written by Tillman are sufficient to initiate the processes of the EEOC. Love v. Pullman, 404 U.S. 522, 92 S.Ct. 616, 30 L.Ed.2d 679 (1972); Georgia Power Co. v. Equal Employment Opportunity Commission, 412 F.2d 462 (5th Cir. 1969)