30 Fair empl.prac.cas. 1712, 30 Empl. Prac. Dec. P 33,282 Willis Ross, Jr. v. United States Postal Serv., William Bolger, Postmaster Gen. of the United States, Warren Phillips, Postmaster, Van Nuys Branch, United States Postal Serv. & Chuck Peters, Supervisor, 696 F.2d 720 (9th Cir. 1983). · Go Syfert
30 Fair empl.prac.cas. 1712, 30 Empl. Prac. Dec. P 33,282 Willis Ross, Jr. v. United States Postal Serv., William Bolger, Postmaster Gen. of the United States, Warren Phillips, Postmaster, Van Nuys Branch, United States Postal Serv. & Chuck Peters, Supervisor, 696 F.2d 720 (9th Cir. 1983). Cases Citing This Book View Copy Cite
26 citation events (5 in the last 25 years) across 12 distinct courts.
Strongest positive: Larry THORNHILL, Plaintiff/Appellant, v. John O. MARSH, Jr., Secretary of the Department of the Army, Defendant/Appellee (ca9, 1989-02-02)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) Larry THORNHILL, Plaintiff/Appellant, v. John O. MARSH, Jr., Secretary of the Department of the Army, Defendant/Appellee
9th Cir. · 1989 · confidence medium
See Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 398 , 102 S.Ct. 1127, 1135 , 71 L.Ed.2d 234 (1982); Boyd v. United States Postal Service, 752 F.2d 410, 414 (9th Cir.1985); Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983). 5 .
discussed Cited as authority (rule) Cosgrove v. Bolger
9th Cir. · 1985 · confidence medium
Boyd v. United States Postal Service, 752 F.2d 410, 411 (9th Cir.1985); Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983); Cooper v. Bell, 628 F.2d 1208 , 1213 & n. 10 (9th Cir.1980).
discussed Cited as authority (rule) 39 Fair empl.prac.cas. 501, 38 Empl. Prac. Dec. P 35,749 Richard J. Cosgrove v. William Bolger, in His Official Capacity as Head of the United States Postal Service
9th Cir. · 1985 · confidence medium
Boyd v. United States Postal Service, 752 F.2d 410, 411 (9th Cir.1985); Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983); Cooper v. Bell, 628 F.2d 1208 , 1213 & n. 10 (9th Cir.1980). 6 In August 1982, the Postal Service rendered its decision denying Cosgrove's complaint on its merits; in December, the Equal Employment Opportunity Commission affirmed.
cited Cited as authority (rule) Killingsworth v. Department of Health & Human Services
N.D. Cal. · 1985 · confidence medium
Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983).
cited Cited as authority (rule) No. 83-4064
9th Cir. · 1985 · confidence medium
Zipes v. Trans World Airlines, 455 U.S. 385, 393 , 102 S.Ct. 1127, 1132 , 71 L.Ed.2d 234 (1982); Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983).
cited Cited as authority (rule) Boyd v. United States Postal Service
9th Cir. · 1985 · confidence medium
Zipes v. Trans World Airlines, 455 U.S. 385, 393 , 102 S.Ct. 1127, 1132 , 71 L.Ed.2d 234 (1982); Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983).
discussed Cited "see" Shelley Sommatino v. United States (2×)
9th Cir. · 2001 · signal: see · confidence high
See Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir. 1983) (equitable considerations must first be presented to the administrative agency). 25 We affirm the district court's judgment that it lacked subject matter jurisdiction over Sommatino's Title VII claims. 2.
discussed Cited "see" Rosemary B. Greenlaw v. H. Lawrence Garrett, Iii, Secretary, Department of the Navy B.J. McMillin Richard B. Cheney, Secretary, Department of Defense
9th Cir. · 1996 · signal: see · confidence high
See Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983) (Clark establishes that federal employees are not subject to more jurisdictional prerequisites than private-sector employees). 15 .
discussed Cited "see" Bennett v. Carlucci
9th Cir. · 1992 · signal: see · confidence high
See Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983) (case returned to agency because plaintiff failed to exhaust, even though plaintiff alleged he was not told of the need to exhaust). 2 III 9 The district court properly dismissed Bennett's claim based on the Age Discrimination in Employment Act against all defendants except the Secretary of the Navy.
cited Cited "see" Raymond Simpson v. Dept. Of Defense, Defense Contract Audit Agency, Marcia M. Montez, Keith E. Harris
9th Cir. · 1991 · signal: see · confidence high
See Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983). 5 AFFIRMED in part, VACATED in part, and REMANDED.
discussed Cited "see" Plowman v. Cheney (2×)
E.D. Va. · 1989 · signal: see · confidence high
See Ross v. U.S. Postal Service, 696 F.2d 720 , 722 (9th Cir. 1983) (holding that where an employee has missed the 30 day deadline, he must still initiate the EEO procedure); Sampson, 632 F.2d at 862-863 ; see also Kizas, 707 F.2d at 544-545 (expressing doubt whether the futility exception could ever apply to EEO time limits).
discussed Cited "see" 50 Fair empl.prac.cas. 1378, 41 Empl. Prac. Dec. P 36,667 Miriam Grier v. Secretary of the Army Headquarters, United States Army Forces Command, Fort McPherson Georgia Adjutant General, Administrative Services, United States Army Forces Command Officer in Charge, Mail and Distribution Classified Section, United States Army Forces Command and Chief, Civilian Personnel, United States Army Forces Command
11th Cir. · 1986 · signal: see · confidence high
See Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983) ("When there is a failure to exhaust because of lack of notice, the complainant may still file an untimely charge and allow the agency to decide whether the lack of notice excuses untimeliness.
discussed Cited "see" Grier v. Secretary of the Army
11th Cir. · 1986 · signal: see · confidence high
See Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983) (“When there is a failure to exhaust because of lack of notice, the complainant may still file an untimely charge and allow the agency to decide whether the lack of notice excuses untimeliness.
cited Cited "see" MacKay v. United States Postal Service
E.D. Pa. · 1985 · signal: see · confidence high
See Ross v. USPS, 696 F.2d 720 (9th Cir.1983). 3 .
cited Cited "see" Walter D. McGuinness v. United States Postal Service, Felix J. Jackson, and A.A. Winslow, Defendants
7th Cir. · 1984 · signal: see · confidence high
See Ross v. United States Postal Service, 696 F.2d 720, 722 (9th Cir.1983) (per curiam); Sampson v. Civiletti, 632 F.2d 860, 863 (10th Cir.1980).
Retrieving the full opinion text from the archive…
30 Fair empl.prac.cas. 1712, 30 Empl. Prac. Dec. P 33,282 Willis Ross, Jr.
v.
United States Postal Service, William Bolger, Postmaster General of the United States, Warren Phillips, Postmaster, Van Nuys Branch, United States Postal Service and Chuck Peters, Supervisor
81-5511.
Court of Appeals for the Ninth Circuit.
Feb 24, 1983.
696 F.2d 720
Published

696 F.2d 720

30 Fair Empl.Prac.Cas. 1712,
30 Empl. Prac. Dec. P 33,282
Willis ROSS, Jr., Plaintiff-Appellant,
v.
UNITED STATES POSTAL SERVICE, William Bolger, Postmaster
General of the United States, Warren Phillips, Postmaster,
Van Nuys Branch, United States Postal Service and Chuck
Peters, Supervisor, Defendants-Appellees.

No. 81-5511.

United States Court of Appeals,
Ninth Circuit.

Submitted Aug. 31, 1982.[*]
Decided Jan. 14, 1983.
As Amended Feb. 24, 1983.

Arturo Morales, Van Nuys, Cal., for plaintiff-appellant.

Howard Gest, Asst. U.S. Atty., Los Angeles, Cal., for defendants-appellees.

Appeal from the United States District Court for the Central District of California.

Before BROWNING, Chief Judge, and SNEED and SCHROEDER, Circuit Judges.

PER CURIAM:

[*~720]1

Willis Ross, Jr. appeals the summary judgment dismissing his employment discrimination case for failure to exhaust administrative remedies. We vacate the judgment and remand the case to the district court with instructions to dismiss the complaint without prejudice to Ross filing an administrative claim with the United States Postal Service.

2

* Ross, a black male with a psychological disorder, was hired by the United States Postal Service. Shortly after his employment began, he believed that his supervisor was harassing him because of his race and disorder. After speaking to his union steward, he filed an informal complaint with the Equal Employment Opportunity (EEO) counselor. The informal procedure did not satisfy him. He received a Notice of Final Interview, advising him of his right to file a formal complaint, but did not pursue his remedies further.

3

After the alleged harassment began, Ross was increasingly absent from work. He was given notice of suspension because of excessive absences. He again consulted his union steward and filed a second informal complaint (and a grievance with the union). The EEO counselor was able to transfer Ross but apparently not in time to aid him. Ross received another Notice of Final Interview, but again chose not to file a formal complaint.

4

Ross was discharged on September 18, 1979. He again consulted his union steward. This time he filed a grievance with the union but did not file an EEO complaint. The union grievance was denied as untimely. On June 24, 1980, nine months after his discharge, he filed this action in district court. The district court granted summary judgment to the Postal Service on the ground that Ross had failed to exhaust his administrative remedies. It held that Ross had received adequate notice of the requirement to exhaust administrative remedies. Ross appeals.

II

5

A federal employee may file an action for employment discrimination under 42 U.S.C. Sec. 2000e-16. The statute requires, however, that a complainant first seek relief in the agency. Brown v. General Services Administration, 425 U.S. 820, 832-33, 96 S.Ct. 1961, 1967-1968, 48 L.Ed.2d 402 (1976). The requirement that a complainant file a timely administrative charge is not a jurisdictional prerequisite to suit. Zipes v. Trans World Airlines, 455 U.S. 385, 397, 102 S.Ct. 1127, 1134, 71 L.Ed.2d 234 (1982). Although Zipes involved 42 U.S.C. Sec. 2000e-5, this court has held that there are no more jurisdictional prerequisites for federal employees than for private sector employees. Clark v. Chasen, 619 F.2d 1330, 1334 (9th Cir.1980).

6

We reject as premature Ross's contention that he should be excused from exhausting administrative remedies because the Postal Service did not notify him that he must proceed through administrative channels. When there is a failure to exhaust because of lack of notice, the complainant may still file an untimely charge and allow the agency to decide whether the lack of notice excuses the untimeliness. In this way, administrative remedies may still be exhausted. See Sampson v. Civiletti, 632 F.2d 860, 863 (10th Cir.1980).

7

The Postal Service has the authority to extend the time limits for filing an administrative complaint. The regulations applicable to the Postal Service state in part:

8

The agency shall extend the time limits in this section: (i) When the complainant shows that he was not notified of the time limits and was not otherwise aware of them, or that he was prevented by circumstances beyond his control from submitting the matter within the time limits; or (ii) for other reasons considered sufficient by the agency.

9

29 C.F.R. Sec. 1613.214(a)(4) (1981). If Ross can show that he did not receive adequate notice or that any other reason justifies his failure to file a timely charge, the agency might extend the time limits and Ross might thus be able to exhaust administrative remedies.

[*~721]10

The district court should not have considered whether Ross received notice, because Ross had not yet attempted to exhaust his administrative remedies. In accordance with the statutory scheme favoring administrative handling of discrimination claims, we remand this case to the district court with instructions to vacate the summary judgment and dismiss the action without prejudice to the initiation of administrative procedures.

*

The panel finds this case appropriate for submission without argument pursuant to 28 U.S.C.A. 9th Cir.R. 3(a) and Fed.R.App. P. 34(a)