Rizo v. State of Alabama Dep't of Human Resources, 228 F. App'x 832 (11th Cir. 2007). · Go Syfert
Rizo v. State of Alabama Dep't of Human Resources, 228 F. App'x 832 (11th Cir. 2007). Cases Citing This Book View Copy Cite
“failure to file a timely charge with the eeoc results in a bar of the claims contained in the untimely charge.”
39 citation events (39 in the last 25 years) across 9 distinct courts.
Strongest positive: Patrick v. Alabama Department of Public Health (MAG+) (almd, 2022-11-30)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 22 distinct citers. How cited ↗
discussed Cited as authority (quoted) Patrick v. Alabama Department of Public Health (MAG+)
M.D. Ala. · 2022 · quote attribution · 1 verbatim quote · confidence low
failure to file a timely charge with the eeoc results in a bar of the claims contained in the untimely charge.
cited Cited as authority (rule) J. Corbin Douglas Tunstall v. Alabama Department of Corrections
N.D. Ala. · 2026 · confidence medium
Res., 228 F. App’x 832, 834-35 (11th Cir. 2007).
cited Cited as authority (rule) Scott William Marston v. Bellsouth Communications, LLC
S.D. Ala. · 2026 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007)).
cited Cited as authority (rule) Planchard v. USA Healthcare Management, LLC
S.D. Ala. · 2025 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007).
cited Cited as authority (rule) Parker v. University of Alabama Police Department
N.D. Ala. · 2024 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007).
discussed Cited as authority (rule) Taylor v. Alabama Power Co. (2×) also: Cited "see"
S.D. Ala. · 2024 · confidence medium
Res., 228 F. App'x 832, 835 (11th Cir. 2007) (internal citations omitted).
discussed Cited as authority (rule) Equal Employment Opportunity Commission v. Army Sustainment, LLC
M.D. Ala. · 2023 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007); 42 U.S.C. § 2000e- 5(e)(1) (“A charge under this section shall be filed within one hundred and eighty days after the alleged unlawful employment practice occurred . . . .”).
examined Cited as authority (rule) Appluewhite v. Kemper Insurance (3×) also: Cited "see"
N.D. Ala. · 2023 · confidence medium
Rizo v. Ala. Dep’t of Human Res., 228 F. App’x 832, 836 (11th Cir. 2007).
cited Cited as authority (rule) Toney v. Alabama A&M University
N.D. Ala. · 2023 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007) (per curiam) (“This Court applies the law developed in Title VII, ADEA, and ADA cases interchangeably.”).
cited Cited as authority (rule) Fields v. T-Mobile
N.D. Ala. · 2022 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007).
discussed Cited as authority (rule) Robinson v. Piesko
M.D. Fla. · 2022 · confidence medium
Rizo v. Ala. Dep’t of Human Res., 228 F. App’x 832, 835 (11th Cir. 2007); see also Pennington v. City of Huntsville, 261 F.3d 1262 , 1269 (11th Cir. 2001) (“Moreover, we typically apply legal standards developed in Title VII and ADEA cases interchangeably.”).2 In Florida, a deferral state, the plaintiff must file an EEOC charge “within 300 days after the alleged unlawful practice occurred.” Snair v. City of Clearwater, 787 F. Supp. 1401, 1407 (M.D.
discussed Cited as authority (rule) Alsbrook v. International Paper Company
S.D. Ala. · 2021 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007). “[J]udicial claims are allowed if they ‘amplify, clarify, or more clearly focus’ the allegations in the EEOC complaint,” but “allegations of new acts of discrimination are inappropriate.” Gregory v. Ga. Dep’t of Hum.
cited Cited as authority (rule) Jackson v. Norfolk Southern Railway Company
N.D. Ga. · 2021 · confidence medium
Res., 228 F. App’x 832, 835 (11th Cir. 2007) (per curiam) (administrative exhaustion is required for ADEA claims).
discussed Cited as authority (rule) Chavez v. Credit Nation Auto Sales, Inc.
N.D. Ga. · 2013 · confidence medium
None of the documents presented by Plaintiff satisfy those requirements, particularly the verification requirement, and therefore, Plaintiff has not shown that she filed “a valid and timely-filed EEOC charge.” Rizo, 228 Fed.Appx. at 836. 4 Furthermore, her assertion that the “EEOC has so found” that she timely brought a charge the day after she was terminated is unsupported.
cited Cited as authority (rule) Reheiser v. Terminix International Co.
N.D. Fla. · 2007 · confidence medium
Of Human Resources, 228 Fed.Appx. 832, 835, 2007 WL 278587 , *2 (11th Cir.2007)(holding “[tjhis Court applies the law developed in Title VII, ADEA, and ADA cases interchangeably”).
discussed Cited "see" Victoria Alexis Sims v. Target Corporation
M.D. Fla. · 2026 · signal: see · confidence high
Fla. 2013) (dismissing counts for failure to exhaust administrative remedies under FCRA).2 The complaint or charge must be filed with either of these agencies “within 365 days of the alleged violation.” Fla. Stat. § 760.11 (1); see Rainey v. United Parcel Serv., Inc., 816 F. App’x 397 , 401 (11th Cir. 2020) (citing 2 “Failure to file a timely charge with the EEOC results in a bar of the claims contained in the untimely charge.” Rizo v. Ala. Dep’t of Human Res., 228 F. App’x 832, 835 (11th Cir. 2007) (citing Alexander v. Fulton Cnty., 207 F.3d 1303 , 1332 (11th Cir. 2000)); Hardi…
discussed Cited "see" West v. Butler County Board of Education
M.D. Ala. · 2022 · signal: see · confidence high
See Bussell v. Motorola, Inc., 141 F. App'x 819, 823 (11th Cir. 2005) (per curiam), vacated by 549 U.S. 801 (2006), reinstated by 228 F. App'x 832 (11th Cir. 2006) (noting that occasional yelling by a supervisor is not actionable harassment); Herawi v. Ala. Dep't of Forensic Scis., 311 F. Supp. 2d 1335, 1351 (M.D.
discussed Cited "see" Zeigler v. Alabama Department of Human Resources
M.D. Ala. · 2010 · signal: see · confidence high
See Rizo v. Ala. Dept. of Human Resources, 228 Fed.Appx. 832, 834-35 (11th Cir.2007) (affirming dismissal of Alabama Department of Human Resources on grounds of Eleventh Amendment immunity); Zatler v. Wainwright, 802 F.2d 397, 400 (11th Cir.1986) (citing Quern v. Jordan, 440 U.S. 332, 340-45 , 99 S.Ct. 1139 , 59 L.Ed.2d 358 (1979)) (“It is clear that Congress did not intend to abrogate a state’s eleventh amendment immunity in section 1983 damage suits.”); Sessions v. Rusk State Hosp., 648 F.2d 1066, 1069 (5th Cir. Unit A 1981) (holding that section 1981 contains no congressional abrogati…
discussed Cited "see" DANSBY-GILES v. Jackson State University
S.D. Miss. · 2009 · signal: see · confidence high
See Rizo v. Alabama Dept. of Human Resources, 228 Fed.Appx. 832, 835 , 2007 WL 278587 , *1 (11th Cir.2007) (stating that “the mere receipt of federal funds cannot establish that a state has consented to suit” and holding that state had immunity notwithstanding receipt of federal funds) (citing Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 246-47 , 105 S.Ct. 3142, 3149 , 87 L.Ed.2d 171 (1985)).
discussed Cited "see, e.g." Jackson v. Department of Human Resources (MAG+)
M.D. Ala. · 2020 · signal: see, e.g. · confidence low
See, e.g., Rizo v. Ala. Dep’t of Human Res., 228 F. App’x 832 , 834-35 (11th Cir. 2007) (affirming dismissal of claims against ADHR based on Eleventh Amendment immunity); Zeigler v. Ala. Dep’t of Human Res., 710 F. Supp. 2d 1229, 1249-50 (M.D.
discussed Cited "see, e.g." Bush v. Department of Human Resources
N.D. Ala. · 2019 · signal: see, e.g. · confidence low
See, e.g., Rizo v. Alabama Dep’t of Human Res., 228 F. App’x 832 , 834-35 (11th Cir. 2007) (affirming dismissal of claims against ADHR based on Eleventh Amendment immunity); Zeigler v. Alabama Dep’t of Human Res., 710 F. Supp. 2d 1229, 1249-50 (M.D.
discussed Cited "see, e.g." Chesnut v. Ethan Allen Retail, Inc.
N.D. Ga. · 2013 · signal: see also · confidence medium
See also Rizo v. Ala. Dep’t of Human Res., 228 Fed.Appx. 832, 835 (11th Cir.2007) ("Failure to file a timely charge with the EEOC [by an ADA plaintiff] results in a bar on the claims contained in the untimely charge.” (citing Alexander v. Fulton County, Ga., 207 F.3d 1303, 1332 (11th Cir.2000), overruled in part on other grounds, Manders v. Lee, 338 F.3d 1304 (11th Cir.2003) (enbanc))). .
Retrieving the full opinion text from the archive…
George E. RIZO, Plaintiff-Appellant,
v.
State of ALABAMA DEPARTMENT OF HUMAN RESOURCES, Defendant, Ciber, Inc., Defendant-Appellee
06-13261.
Court of Appeals for the Eleventh Circuit.
Jan 31, 2007.
228 F. App'x 832
George E. Rizo, Miami Beach, FL, Pro Se., Kelly Fitzgerald Pate, Balch & Bingham LLP, Montgomery, AL, David R. Boyd, Birmingham, AL, for Appellee.
Black, Carnes, Marcus, Per Curiam.
Cited by 10 opinions  |  Unpublished
1 passage pin-cited by 1 case
Pinpoint authority: bottom 88%
Citer courts: M.D. Alabama (1)
PER CURIAM:

George Rizo, an Hispanic male over the age of 40 who has a congenital foot disorder, was employed by CIBER, Inc., and worked as a technical writer on a project for the State of Alabama Department of Human Resources, which was CIBER’s client. After his employment was terminated, Rizo filed a pro se lawsuit against CIBER and the State of Alabama. He ultimately claimed violations of Title I of the Americans with Disabilities Act, 42 U.S.C. § 12101-12117, of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2, and of the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq. He appeals the district court’s judgment dismissing the State of Alabama under the Eleventh Amendment and granting summary judgment to CIBER. [1]

Rizo contends that the district court erred by denying his motions to appoint counsel, by dismissing his claims against the State of Alabama, and by granting summary judgment to CIBER.

I.

As to the failure to appoint counsel for him, Rizo failed to file with the district court objections to the magistrate’s non-final orders on this subject, which amounts to a waiver of his right to appeal them. See Fed.R.Civ.P. 72(a); Maynard v. Board of Regents of Div. of Univ., 342 F.3d 1281, 1286 (11th Cir.2003).

Even if he had not waived the issue, Rizo would not prevail on it. We review the denial of a motion to appoint counsel only for an abuse of discretion. United States v. Berger, 375 F.3d 1223, 1226 (11th Cir.2004). A plaintiff in a civil case does not have a constitutional right to counsel, and the court should appoint counsel only in exceptional circumstances. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir.1999). The fact that a plaintiff would be helped by counsel is not sufficient to require appointment. See id. (“The plaintiffs, like any other litigants, undoubtedly would have been helped by the assistance of a lawyer, but their case is not so unusual that the district court abused its discretion by refusing to appoint counsel.”). In Bass, we determined that exceptional circumstances did not exist because the core facts of the case were not in dispute and the legal claims were straightforward. Because the same is true here, there was no abuse of discretion.

II.

We review de novo the district court’s grant of the State of Alabama’s motion to dismiss, Popowski v. Parrott, 461 F.3d 1367, 1372 (11th Cir.2006), and are mindful that a complaint should not be dismissed for failure to state a claim “unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim that would entitle him to relief.” Conley v. [*835] Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957).

The 11th Amendment guarantees that nonconsenting states cannot be sued for money damages by private individuals in federal court. Board of Trustees of the Univ. of Ala. v. Garrett, 531 U.S. 356, 363, 121 S.Ct. 955, 962, 148 L.Ed.2d 866 (2001). Although Congress may abrogate the states’ immunity in certain situations, it has not done so with regard to suits for monetary damages by private individuals pursuant to Title I of the ADA, which is the statute Rizo claims the State violated. Id. at 360,121 S.Ct. at 960. It is clear that “the mere receipt of federal funds cannot establish that a state has consented to suit.” Atascadero State Hosp. v. Scanlon, 473 U.S. 234, 246-47, 105 S.Ct. 3142, 3149, 87 L.Ed.2d 171 (1985). Rizo’s claim against the State of Alabama sought only monetary damages. The State has not consented to the lawsuit, and Congress has not abrogated its immunity in such suits. Therefore, the district court acted properly in dismissing the State.

III.

We review de novo the district court’s grant of summary judgment to CIBER, using the same legal standards applicable in the district court. Corwin v. Walt Disney Co., 468 F.3d 1329, 1339 (11th Cir.2006). Summary judgment is proper under Fed.R.Civ.P. 56(c) when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Celotex v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). To survive a motion for summary judgment, the nonmoving party must show that there is a genuine issue of fact for trial. Cotton v. Cracker Barrel Old Country Store, Inc., 434 F.3d 1227, 1231 (11th Cir.2006). We view “the evidence and all reasonable inferences drawn from it in the light most favorable to the nonmoving party.” United States v. Board of Regents for Georgia, 468 F.3d 755, 759 (11th Cir.2006).

Under Title VII, it is unlawful for an employer to discriminate against an individual on the basis of “race, color, religion, sex, or national origin.” 42 U.S.C. § 2003-2. The ADA prohibits an employer from discriminating against a qualified individual on the basis of a disability. 42 U.S.C. § 12112. The ADEA prohibits an employer from discriminating on the basis of age. 29 U.S.C. § 623(a). This Court applies the law developed in Title VII, ADEA, and ADA cases interchangeably. See Pennington v. City of Huntsville, 261 F.3d 1262, 1269 (11th Cir.2001) (“Moreover, we typically apply legal standards developed in Title VII and ADEA cases interchangeably.”); see also Zillyette v. Capital One Financial Corp., 179 F.3d 1337, 1339 (11th Cir.1999) (“It is settled law that, under the ADA, plaintiffs must comply with the same procedural requirements to sue as exist under Title VII of the Civil Rights Act of 1964.”).

In order to litigate a claim for discrimination under Title VII, the ADA, or the ADEA a plaintiff must first exhaust his administrative remedies, beginning with the filing of a charge of discrimination with the EEOC. Wilkerson v. Grinnell Corp., 270 F.3d 1314, 1317 (11th Cir.2001). In a non-deferral state, such as Alabama, a plaintiff must file an employment discrimination charge with the EEOC within 180 days after the date of the alleged discrimination. 29 C.F.R. § 1626.7(a), Hipp v. Liberty National Life Ins. Co., 252 F.3d 1208, 1241 n. 2, 1220 (11th Cir.2001). Failure to file a timely charge with the EEOC results in a bar of the claims contained in the untimely charge. Alexander v. Fulton County, Ga., 207 F.3d 1303, 1332 (11th Cir.2000).

[*836] Under Title VII and the ADA, a charge must be “in writing under oath or affirmation” and “contain such information and be in such form as the [EEOC] requires.” 42 U.S.C. § 2000e-5(b); 42 U.S.C. § 12117(a). The EEOC requires that a charge be “in writing and signed and ... verified.” 29 C.F.R. § 1601.9. A charge is verified when it is made under oath or affirmation. See Vason v. City of Montgomery, Ala., 240 F.3d 905, 907 (11th Cir.2001). The verification requirement is mandatory. Id.

Under the ADEA, a charge must be in writing, name the prospective respondents, and allege the discriminatory act. 29 C.F.R. § 1626.6. Although 29 C.F.R. § 1626.8(a) lists additional information that should be included, “the EEOC considers a charge sufficient when the EEOC receives from the charging party ‘a written statement or information reduced to writing ... that conforms to the requirements of § 1626.6.’ ” Bost v. Federal Express Corp., 372 F.3d 1233, 1238 (11th Cir.2004) (quoting 29 C.F.R. § 1626.8(b)).

In some cases, we have deemed the EEOC’s intake questionnaire to be tantamount to a charge for the purposes of timely filing. See Wilkerson, 270 F.3d at 1321. In those cases, we have considered a number of factors, including what the questionnaire form says and how the EEOC responded to it. Id. at 1320. At a minimum, however, an intake questionnaire must meet the requirements for a validly filed charge in order to be considered a charge for timeliness purposes. Pijnenburg v. West Georgia Health System, Inc., 255 F.3d 1304, 1307 (11th Cir.2001).

Generally, the plaintiff must allege in the complaint filed in his lawsuit that he has met the prerequisites or a valid and timely-filed EEOC charge. Jackson v. Seaboard Coast Line R.R. Co., 678 F.2d 992, 1010 (11th Cir.1982). If the defendant denies that the plaintiff had met those requirements, the burden of proof is on the plaintiff to prove that he has. Id.

Here, the undisputed record shows that Rizo did not file a valid charge with the EEOC against CIBER until April 17, 2003, which was 193 days after he was fired. Furthermore, Rizo did not assert that he had filed a questionnaire that should be treated as a charge. He presented an EEOC log, but that does not meet the minimum requirements for proving that a charge has been filed. Accordingly, the district court correctly concluded that his claims against CIBER were barred as a matter of law.

AFFIRMED.

1

. In addition to the claims mentioned in the text, Rizo also included a claim against CI-BER under Title VI of the Civil Rights Act of 1964 ("Title VI”), 42 U.S.C.2000d, et seq. In order to be potentially liable under Title VI, a party must receive federal financial assistance. Rizo has not made any argument on appeal that CIBER receives federal financial assistance, and we consider any issues relating to that claim to have been abandoned. See Access Now, Inc. v. Southwest Airlines Co., 385 F.3d 1324, 1330 (11th Cir.2004) (holding that a legal claim or argument that has not been briefed is deemed abandoned).