Marilyn J. ANDERSON, Appellant, v. John BLOCK, Sec'y for the United States Dep't of Agric., Appellee, 807 F.2d 145 (8th Cir. 1986). · Go Syfert
Marilyn J. ANDERSON, Appellant, v. John BLOCK, Sec'y for the United States Dep't of Agric., Appellee, 807 F.2d 145 (8th Cir. 1986). Cases Citing This Book View Copy Cite
95 citation events (45 in the last 25 years) across 17 distinct courts.
Strongest positive: Vicki Bowen v. Missouri Department of Corrections (mowd, 2026-03-05)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
cited Cited as authority (rule) Vicki Bowen v. Missouri Department of Corrections
W.D. Mo. · 2026 · confidence medium
Wedow v. City of Kansas City, Missouri, 442 F.3d 661, 672 (8th Cir. 2006) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)).
discussed Cited as authority (rule) Ebony Griffin v. Caleres, Inc.
E.D. Mo. · 2026 · confidence medium
Discussion “[A] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Wedow v. City of Kansas City, Mo., 442 F.3d 661, 672 (8th Cir. 2006) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)). “[T]he administrative complaint must be construed liberally in order not to frustrate the remedial purposes of Title VII, . . . and the plaintiff may seek relief for any discrimination that grows out of or is like or reasonably related to the su…
discussed Cited as authority (rule) Thomas v. Metropolitan St. Louis Sewer District
E.D. Mo. · 2025 · confidence medium
“A plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986).
discussed Cited as authority (rule) Lau v. Becarra
D.S.D. · 2024 · confidence medium
Because neither party disputes the characterization of the Formal Complaint found at Document No. 20, at 2, the court will accept that description as true. all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’ ” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986) (alteration in original)).
discussed Cited as authority (rule) Busch v. Applecare Service Company Inc
E.D. Mo. · 2024 · confidence medium
Corp., 648 F.3d 921, 931 (8th Cir. 2011); Tyler, 628 F.3d at 989). “[A] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Wedow v. City of Kansas City, Mo., 442 F.3d 661, 672 (8th Cir. 2006) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)).
discussed Cited as authority (rule) Donio v. Arch Oncology, Inc.
E.D. Mo. · 2024 · confidence medium
Corp., 648 F.3d 921, 931 (8th Cir. 2011); Tyler, 628 F.3d at 989 ). “[A] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Wedow v. City of Kansas City, Mo., 442 F.3d 661, 672 (8th Cir. 2006) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)).
discussed Cited as authority (rule) Welcome v. Amplity Inc.
W.D. Mo. · 2023 · confidence medium
Claims pursued in court are deemed exhausted to the extent they are “like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986).
discussed Cited as authority (rule) Carter v. Military Department of Arkansas
E.D. Ark. · 2023 · confidence medium
The Eighth Circuit has determined that, where alleged discriminatory or retaliatory conduct has occurred after an EEOC charge has been filed, “[a] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986) (emphasis added). “‘We do not require that subsequently-filed lawsuits mirror the administrative charges’ as long as ‘the sweep of any subsequent judicial complaint’ is no broader than �…
discussed Cited as authority (rule) Hooper v. Austin
E.D. Mo. · 2022 · confidence medium
Regarding a particular claim, the Eighth Circuit “deem[s] administrative remedies exhausted as to all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (alteration in original) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)); Paskert v. Kemna-ASA Auto Plaza, Inc., 950 F.3d 535, 539 (8th Cir. 2020).
discussed Cited as authority (rule) Lewis v. Mnuchin
D.D.C. · 2021 · confidence medium
In other words, the merit-pay claims were not exhausted as discrete retaliation claims but were exhausted and can be considered as part of her hostile work environment claims. 3 Incidents that occur after an employee contacts her EEO counselor can be exhausted if they are “reasonably related to the allegations of the [administrative] charge.” Thorne v. Cavazos, 744 F. Supp. 348, 351 (D.D.C. 1990) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)) (alteration in original).
discussed Cited as authority (rule) Walker v. City of Fremont, Nebraska
D. Neb. · 2021 · confidence medium
The Eighth Circuit has stated that a “plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Wallace v. Interbake Foods, LLC, 973 F. Supp. 2d 1067, 1075 (D.S.D. 2013) (citing Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986)); Wedow v. City of Kansas City, Mo., 442 F.3d 661, 673 (8th Cir. 2006); Parisi v. Boeing Co., 400 F.3d 583, 585 (8th Cir. 2005). “‘We do not require that subsequently-filed lawsuits mirror the administrative charges’ a…
cited Cited as authority (rule) Campbell v. Louis Dejoy, Postmaster General of the United States Postal Service
E.D. Mo. · 2020 · confidence medium
Brown v. General Services Admin., 425 U.S. 820, 832 (1976); Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986).
discussed Cited as authority (rule) Smith v. United States Postal Service
D. Minnesota · 2020 · confidence medium
In Wedow, the Eighth Circuit recognized the general rule that “[w]here the alleged discriminatory or retaliatory conduct has occurred subsequent to a timely filed EEOC charge, we have consistently held that ‘[a] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.’” Id. at 672 (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986)).
cited Cited as authority (rule) Wesley v. Brennan
E.D. Mo. · 2020 · confidence medium
Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986).
discussed Cited as authority (rule) Walker v. City of Fremont, Nebraska
D. Neb. · 2020 · confidence medium
June 4, 2013) (“Thus, to the extent that the Complaint includes claims based on events that occurred after Plaintiff returned from leave, those claims must be dismissed without prejudice due to Plaintiff's failure to exhaust her administrative remedies.”) However, when there is a timely filing of an EEOC charge, and alleged discriminatory or retaliatory conduct occurs after, the Eighth Circuit has held that a “plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that we…
discussed Cited as authority (rule) Martin v. Department of Agriculture
E.D. Ark. · 2020 · confidence medium
The Eighth Circuit has determined that, where alleged discriminatory or retaliatory conduct has occurred after an EEO charge has been filed, “[a] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986) (emphasis added).
discussed Cited as authority (rule) Jennifer Paskert v. Brent Burns
8th Cir. · 2020 · confidence medium
Regarding a particular claim, the Eighth Circuit “deem[s] administrative remedies exhausted as to all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir. 1994) (alteration in original) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir. -6- 1986)).
discussed Cited as authority (rule) Bumpass v. Verizon Wireless
E.D. Ark. · 2019 · confidence medium
The Eighth Circuit has determined that, where alleged discriminatory or retaliatory conduct has occurred after an EEOC charge has been filed, “[a] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986) (emphasis added). “‘We do not require that subsequently-filed lawsuits mirror the administrative charges’ as long as ‘the sweep of any subsequent judicial complaint’ is no broader than �…
discussed Cited as authority (rule) Newell v. McHugh
D.S.D. · 2017 · confidence medium
“A plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986) (internal citation omitted).
discussed Cited as authority (rule) Wallace v. Interbake Foods, LLC
D.S.D. · 2013 · confidence medium
When alleged discriminatory or retaliatory conduct occurs after the timely filing of an EEOC charge, the Eighth Circuit has held that a “plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986).
discussed Cited as authority (rule) Rosane v. Shannon County School District 65-1
D.S.D. · 2013 · confidence medium
The Eighth Circuit characterized this conduct as “ongoing retaliation,” noting that forcing the firefighters to file new administrative charges “would create needless procedural barriers.” Id. (citing Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986)). “[W]here the subsequent retaliatory acts were of a like kind to the retaliatory acts alleged in the EEOC charge,” the claims were not barred for failure to exhaust administrative remedies.
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Schwan's Home Service (2×) also: Cited "see"
D. Minnesota · 2010 · confidence medium
Dept. of Mental Health and Substance Abuse Seivices, 165 F.3d 1321, 1327 (10th Cir.1999); Fairchild v. Forma Scientific, Inc., 147 F.3d 567, 575 (7th Cir.1998); Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986); Hornsby v. Conoco, Inc. 777 F.2d 243, 247 (5th Cir.1985); Washington v. Kroger Co., 671 F.2d 1072, 1075-76 (8th Cir.1982); Smith v. American President Lines, Ltd., 571 F.2d 102, 107-08 (2d Cir.1978); Davis v. Valley Hospitality Services, LLC, 214 Fed.Appx. 877, 878-79 (11th Cir.2006); Cameron v. Saint Francis Hosp. and Medical Center, 56 F.Supp.2d 235, 239-40 (D.Conn.1999); Webb v. M…
discussed Cited as authority (rule) Young v. Time Warner Cable Capital, LP
W.D. Mo. · 2006 · confidence medium
Administrative remedies are deemed exhausted as to all incidents of discrimination that are “ ‘like or reasonably related to the allegations of the [administrative] charge.’ ” Tart, 31 F.3d at 671 (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986)).
discussed Cited as authority (rule) Anne Wedow v. City of Kansas City
8th Cir. · 2006 · confidence medium
Where the alleged discriminatory or retaliatory conduct has occurred subsequent to a timely filed EEOC charge, we have consistently held that “[a] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (holding that the district court should have considered whether a subsequent termination was sufficiently related to the timely filed administrative charges of discriminatory suspensions “to come…
discussed Cited as authority (rule) Wedow v. City Of Kansas City
8th Cir. · 2006 · confidence medium
Thus, the City asserts that the plaintiffs' retaliation claims are barred for the failure to exhaust administrative remedies. 31 Where the alleged discriminatory or retaliatory conduct has occurred subsequent to a timely filed EEOC charge, we have consistently held that "[a] plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought." Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (holding that the district court should have considered whether a subseq…
cited Cited as authority (rule) Coleman-Adebayo v. Leavitt
D.D.C. · 2004 · confidence medium
See Park v. Howard Univ., 71 F.3d at 907 ; Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986). 1.
discussed Cited as authority (rule) Nuss v. Central Iowa Binding Corp.
S.D. Iowa · 2003 · confidence medium
In order for plaintiffs to have exhausted their administrative remedies under both Iowa and federal law, “ ‘the allegations of the judicial complaint [must be] like or reasonably related to the administrative charges that were timely brought.’” Boge v. Ringland-Johnson-Crowley Co., 976 F.2d 448, 451 (8th Cir.1992) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986)).
discussed Cited as authority (rule) McKenzie v. Lunds, Inc. (2×) also: Cited "see"
D. Minnesota · 1999 · confidence medium
Where an EEOC charge has been filed, a plaintiff exhausts his or her administrative remedies as to “the allegations of the judicial complaint [that are] like or reasonably related to the administrative charges that were timely brought.” Boge v. Ringland-Johnson-Crowley Co., supra at 451; Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986); see also, Malarkey v. Texaco, Inc., 983 F.2d 1204, 1208 (2d Cir.1993).
discussed Cited as authority (rule) Edwards v. WINCO Mfg. Co., Inc.
E.D. Mo. · 1998 · confidence medium
Courts recognize claims as exhausted when they have been actually filed before the EEOC or when they are "like or reasonably related to the allegations of the [administrative] charge." Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986).
discussed Cited as authority (rule) Dirks v. J.C. Robinson Seed Co. (2×)
N.D. Iowa · 1997 · confidence medium
Patterson, 491 U.S. at 180-81 , 109 S.Ct. at 2374 -75 (citing 42 U.S.C. § 2000e-5(b)). *1310 Where an EEOC charge has been filed, a plaintiff exhausts his or her administrative remedies as to “the allegations of the judicial complaint [that are] like or reasonably related to the administrative charges that were timely brought.” Boge v. Ringland-Johnson-Crowley Co., 976 F.2d 448, 451 (8th Cir.1992); accord Oates v. Discovery Zone, 116 F.3d 1161 , 1168 n. 7 (7th Cir.1997); Seymore v. Shawver & Sons, Inc., 111 F.3d 794, 799 (10th Cir.1997), petition for cert, filed, (U.S. Aug. 10, 1997) (No.…
discussed Cited as authority (rule) Woelbling v. RC Wilson Co. (2×)
E.D. Mo. · 1997 · confidence medium
Thus, administrative remedies are deemed "exhausted as to all incidents of discrimination that are `like or reasonably related to the allegations of the [administrative] charge.'" Tart, 31 F.3d at 671 (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986); see also Shannon v. Ford Motor Co., 72 F.3d 678, 684 (8th Cir. 1996)).
cited Cited as authority (rule) Kaup v. First Bank System, Inc.
D. Colo. · 1996 · confidence medium
Rockwell Corp., 482 F.2d 569, 571 (9th Cir.1973) (citations omitted), applied in Anderson v. Block, 807 F.2d 145, 148 (8th *158 Cir.1986).
discussed Cited as authority (rule) Ryan v. New York State Thruway Authority
N.D.N.Y. · 1995 · confidence medium
Charges contained in an amendment to an original complaint that was timely filed relate back to the date of the original filing. 29 C.F.R. § 1601.12 (b); Anderson v. Block, 807 F.2d 145, 147-148 (8th Cir.1986).
discussed Cited as authority (rule) Mummelthie v. City of Mason City, Iowa
N.D. Iowa · 1995 · confidence medium
Where an EEOC charge has been filed, a plaintiff exhausts his or her administrative remedies as to “the allegations of the judicial complaint [that are] like or reasonably related to the administrative charges that were timely brought.” Boge, 976 F.2d at 451 ; Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986); see also Malarkey v. Texaco, Inc., 983 F.2d 1204, 1208 (2d Cir.1993). 6 Eq-, uitable relief from the “like or reasonably related” requirement is available where an employee who has filed a charge with the EEOC attempts to litigate a claim that is not part of the charge filed wi…
discussed Cited as authority (rule) Hargens v. United States Department of Agriculture
N.D. Iowa · 1994 · confidence medium
In light of the liberal interpretation of administrative complaints in aid of the remedial purposes of anti-discrimination legislation, the Eighth Circuit Court of Appeals has stated that in Title VII cases, “[w]e ... deem administrative remedies exhausted as to all incidents of discrimination that are ‘like or reasonably related to the allegations of the [administrative] charge.’” Tart v. Hill Behan Lumber Co., 31 F.3d 668, 671 (8th Cir.1994) (quoting Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986)); Williams v. Little Rock Mun.
examined Cited as authority (rule) Charles R. TART, Plaintiff-Appellant, v. HILL BEHAN LUMBER COMPANY, a Missouri Corporation, Defendant-Appellee (3×) also: Cited "see"
8th Cir. · 1994 · confidence medium
We therefore deem administrative remedies exhausted as to all incidents of discrimination that are “like or reasonably related to the allegations of the [administrative] charge.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (internal quotations omitted) (alteration in original); see also Williams v. Little Rock Mun.
discussed Cited as authority (rule) Shirley A. WILLIAMS, Appellant, v. LITTLE ROCK MUNICIPAL WATER WORKS, Appellee
8th Cir. · 1994 · confidence medium
E.g., Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (citing Ong v. Cleland, 642 F.2d 316, 318 (9th Cir.1981)); see also Wentz v. Maryland Casualty Co., 869 F.2d 1153, 1154 (8th Cir.1989) (ADEA).
cited Cited as authority (rule) Davis v. Kansas City Housing Authority
W.D. Mo. · 1993 · confidence medium
Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (citing Ong v. Cleland, 642 F.2d 316, 318 (9th Cir.1981)).
cited Cited as authority (rule) Kizer v. Curators of University of Missouri
E.D. Mo. · 1993 · confidence medium
Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986).
cited Cited as authority (rule) Wyrick v. TWA Credit Union
W.D. Mo. · 1992 · confidence medium
Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986).
discussed Cited as authority (rule) Alphonse BOGE, Jr., Appellant, v. RINGLAND-JOHNSON-CROWLEY COMPANY, Appellee
8th Cir. · 1992 · confidence medium
Under federal law, in order for Boge to have exhausted his administrative remedies, “the allegations of the judicial complaint [must be] like or reasonably related to the administrative charges that were timely brought.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (citation omitted).
discussed Cited as authority (rule) Buck Green v. Anthony Frank United States Postal Service
8th Cir. · 1992 · confidence medium
The district court did not abuse its discretion in limiting the evidence. 9 This court has held that " '[w]hen an employee seeks judicial relief for incidents not listed in [his] original [administrative] charge ..., the judicial complaint nevertheless may encompass any discrimination like or reasonably related to the allegations of the [administrative] charge, including new acts occurring during the pendency of the charge.' " Anderson v. Block, 807 F.2d 145, 148 (8th Cir. 1986) (quoting Oubichon v. North Am.
discussed Cited as authority (rule) Watlington v. University of Puerto Rico
D.P.R. · 1990 · confidence medium
See also Turner v. Orr, 804 F.2d 1223, 1225 (11th Cir.1986); Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986); Waiters v. Parsons, 729 F.2d 233, 237 (3rd Cir.1984); Walters v. President & Fellows of Harvard College, 616 F.Supp. 471 (D.Mass.1985).
discussed Cited as authority (rule) Sherpell v. Humnoke School District No. 5
E.D. Ark. · 1990 · confidence medium
The rule is that “[w]hen an employee seeks judicial relief for incidents not listed in [her] original [administrative] charge ..., the judicial complaint nevertheless may encompass any discrimination like or reasonably related to the allegations of the [administrative] charge, including new acts occurring during the pendency of the charge.” Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (quoting Oubichon v. North Am.
cited Cited as authority (rule) Daines v. City of Mankato
D. Minnesota · 1990 · confidence medium
Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986).
discussed Cited as authority (rule) Thorne v. Cavazos
D.D.C. · 1990 · confidence medium
The Court disagrees. “ ‘When an employee seeks judicial relief for incidents not listed in his original [administrative] charge ..., the judicial complaint nevertheless may encompass any discrimination like or reasonably related to the allegations of the [administrative] charge, including new acts occurring during the pendency of the charge.’ ” Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (quoting Oubichon v. North Am.
discussed Cited as authority (rule) Prince v. Commissioner, United States Immigration & Naturalization Service (2×)
E.D. Mich. · 1989 · confidence medium
She did not prove at the preliminary injunction hearing or at trial that the INS decision to enroll her in the Academy course for a second time represented disparate treatment. 27 However, assuming arguendo that Prince has made out a prima facie case that her “forced retirement” was (1) retaliatory, see McKenna v. Weinberger, 729 F.2d at 790-91 , or (2) “like or reasonably related” to prior acts of discrimination, see Anderson v. Block, 807 F.2d 145 at 148, 150-51 (8th Cir.1986), she can prevail on the merits of such a claim only if it can be shown that the INS decision to require her …
cited Cited as authority (rule) 49 Fair empl.prac.cas. 705, 49 Empl. Prac. Dec. P 38,837 Walter Wentz v. Maryland Casualty Company, a Maryland Corporation, a Division of American General Company, Inc.
8th Cir. · 1989 · confidence medium
Co., 859 F.2d 534, 544 (7th Cir.1988) (quoted citation omitted); see also id. at 545 n. 2; Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (Title VII).
cited Cited as authority (rule) Wentz v. Maryland Casualty Co.
8th Cir. · 1989 · confidence medium
Co., 859 F.2d 534, 544 (7th Cir.1988) (quoted citation omitted); see also id. at 545 n. 2; Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (Title VII).
discussed Cited "see" Braziel v. Loram Maintenance of Way, Inc.
D. Minnesota · 1996 · signal: see · confidence high
See, Anderson v. Block, 807 F.2d 145, 148 (8th Cir.1986) (untimely administrative filing may be treated as an amendment to earlier charge if new charge “directly related to or grew out of the practices challenged in the prior charge”); 29 C.F.R. § 1601.12 (b) As noted, it is well-settled that a plaintiff "may raise claims in his lawsuit which 'grow out of' or are 'like or reasonably related’ to the administrative charges.” Philipp v. ANR Freight System, Inc., 61 F.3d 669, 676 (8th Cir.1995), quoting Wentz v. Maryland Cos.
Retrieving the full opinion text from the archive…
42 Fair empl.prac.cas. 982, 42 Empl. Prac. Dec. P 36,720 Marilyn J. Anderson
v.
John Block, Secretary for the United States Department of Agriculture
86-5109.
Court of Appeals for the Eighth Circuit.
Dec 17, 1986.
807 F.2d 145
1986 U.S. App. LEXIS 34815
Gerald R. Keating, Minneapolis, Minn., for appellant., Carol Swanson, Asst. U.S. Atty., Minneapolis, Minn., for appellee.
Lay, Fagg, Bowman.
Cited by 62 opinions  |  Published
FAGG, Circuit Judge.

Marilyn J. Anderson appeals the order of the district court dismissing her employment discrimination action for failure to pursue administrative remedies in the manner prescribed by statute. See 29 U.S.C. § 794a; 42 U.S.C. § 2000e-16. The district court held that Anderson, despite the pend-ency of administrative charges arising out of two suspensions, was required to file a new administrative charge following her termination; that Anderson’s attempted filing was untimely; and that there was no basis for excusing the untimeliness. We reverse.

Anderson initially went to work at the U.S. Department of Agriculture (USDA) in the early 1970’s. She left in 1976 when she failed to obtain a promotion, but returned in 1979 after prevailing on a sex discrimination charge arising out of the incident. In the next two-and-one-half years, however, Anderson’s superiors suspended her three times, each time citing absenteeism and failure to properly request sick or annual leave. On April 25, 1981, and July 14, 1981, Anderson filed timely administrative charges in which she asserted that her second and third suspensions resulted from discrimination.

These administrative charges were still pending when, in February 1982, the USDA forced Anderson to resign in preference to being fired. Anderson filed an administrative charge in regard to this termination on March 23, 1982, thirty-three days after leaving work. The USDA notified her on June 7, 1982, that the filing was untimely, but the agency did not formally dismiss the charge until October 27, 1983. After exhausting further administrative appeals, Anderson in August 1984 filed suit in federal court challenging her termination.

On April 23, 1985, the USDA equal employment opportunity officer finally issued a decision on Anderson’s first two administrative charges, finding that Anderson had been subjected to discrimination on the basis of her handicap — alcoholism—in the application of regulations regarding leaves and absences. Anderson’s challenge to her termination rests in part on her contentions that the USDA continued to misapply leave regulations and based its termination decision not just on new conduct but also on the same absences which had been addressed through the suspensions. Anderson thus characterizes the discrimination asserted in the third, untimely administrative charge as being “like or reasonably related” to the discrimination asserted in her prior administrative charges. The district court did not address this issue because it rejected Anderson’s view of the law.

The USDA concedes that either of Anderson’s first two administrative charges would have provided a proper basis for a court action filed when Anderson filed this suit. Thus, Anderson argues, the untimeliness of her third, related, administrative charge should not bar her action.[*148] Anderson’s position is supported by the rule that “[w]hen an employee seeks judicial relief for incidents not listed in [her] original [administrative] charge * * *, the judicial complaint nevertheless may encompass any discrimination like or reasonably related to the allegations of the [administrative] charge, including new acts occurring during the pendency of the charge.” Oubichon v. North Am. Rockwell Corp., 482 F.2d 569, 571 (9th Cir.1973); see Satz v. ITT Fin. Corp., 619 F.2d 738, 741 (8th Cir.1980).

This rule suggests that the viability of Anderson’s court action does not hinge on the timeliness of her third administrative charge but rather should be considered in reference to her first and second charges. To force a plaintiff to file a new administrative charge with each continuing incident of discrimination would create needless procedural barriers. Oubichon, 482 F.2d at 571 (citing Love v. Pullman Co., 404 U.S. 522, 92 S.Ct. 616, 30 L.Ed.2d 679 (1972)). When suit may be brought on an administrative charge challenging related employer actions, the purposes of the statutory exhaustion requirement are not furthered through additional administrative filings because “once the [agency] has tried to achieve a consensual resolution of the complaint, and the discrimination continues, there is minimal likelihood that further conciliation will succeed.” Waiters v. Parsons, 729 F.2d 233, 237 (3d Cir.1984) (per curiam). A plaintiff will be deemed to have exhausted administrative remedies if the allegations of the judicial complaint are like or reasonably related to the administrative charges that were timely brought. See Ong v. Cleland, 642 F.2d 316, 318 (9th Cir.1981).

Here, Anderson following her termination did not proceed directly to court but instead filed a new, although untimely, administrative charge. Assuming the additional act of discrimination asserted in her new charge directly related to or grew out of the practices challenged in the prior charges, Anderson’s untimely administrative filing may be treated as an amendment to the earlier charges. See Washington v. Kroger Co., 671 F.2d 1072, 1075-76 (8th Cir.1982); 29 C.F.R. § 1601.12(b). Thus, Anderson would have exhausted administrative remedies regarding her termination.

In light of this analysis, it makes no difference that, according to the USDA, Anderson’s court suit challenges only her termination and not her suspensions. Such an omission would not alter the scope of the initial administrative charges or the appropriateness of characterizing the untimely, but nevertheless related, administrative filing as an amendment to the prior charges. The distinction urged by the USDA would result in a rule that a plaintiff must bring suit on all, rather than just some, of the incidents fairly encompassed by her administrative charges. In addition, while the length of time during which a plaintiff may bring suit based on post-charge conduct will be limited only by the promptness with which administrative proceedings on the initial charges are concluded, we see no unfairness in thus preserving the right to a judicial determination throughout the period during which the postcharge incident could be subject to administrative investigation and resolution.

We conclude that the district court should have considered whether Anderson’s challenge to her termination was sufficiently related to her challenges to her suspensions to come within the rule that administrative remedies will be deemed exhausted with regard to all incidents fairly encompassed within the scope of the administrative charges on which a court action may properly be brought.

Should the district court on remand find Anderson’s discrimination charges to be “like or reasonably related,” we offer a few additional words to clarify what incidents and theories may, if supported by evidence, provide a basis for relief. Anderson prepared her initial court complaint by filling in the blanks on a form provided to aid pro se litigants. She identified her termination as the act of which she was complaining, and she selected “sex”[*149] from a list of five factors as the basis for the discrimination. Neither retaliation nor handicap discrimination was included in the list. On October 24, 1985, Anderson, with the assistance of counsel, filed an amended complaint alleging handicap discrimination and retaliation and, she argues, also challenging her suspensions. The allegations of handicap discrimination and retaliation, since they both concern Anderson’s termination, relate back to the date of the initial complaint. See Grattan v. Burnett, 710 F.2d 160, 163 (4th Cir.1983), aff'd on other grounds, 468 U.S. 42, 104 S.Ct. 2924, 82 L.Ed.2d 36 (1984); Fed.R.Civ.P. 15(c). The suspensions, however, do not relate back since nothing in the initial complaint refers to any conduct or occurrence prior to the February 1982 termination. See Patterson v. General Motors Corp., 631 F.2d 476, 486-87 (7th Cir.1980), cert. denied, 451 U.S. 914, 101 S.Ct. 1988, 68 L.Ed.2d 304 (1981). Because Anderson had only thirty days after receipt of the April 1985 final administrative decision in which to seek court review of her suspensions, see 42 U.S.C. § 2000e-16(c), her attempt to raise the suspensions in court in her amended complaint was untimely. Anderson of course retains the back pay and other relief she was awarded through the administrative proceedings based on those incidents.

The case is remanded to the district court for further proceedings consistent with this opinion.