Shiver v. Chertoff, 549 F.3d 1342 (11th Cir. 2008). · Go Syfert
Shiver v. Chertoff, 549 F.3d 1342 (11th Cir. 2008). Cases Citing This Book View Copy Cite
“contacted an eeo counselor within 45 days of ... the date that he learned that his demotion had become effective. thus, ... his administrative complaint was timely....”
531 citation events (531 in the last 25 years) across 16 distinct courts.
Strongest positive: Smith v. DeJoy (alnd, 2024-12-17)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Smith v. DeJoy (2×) also: Cited as authority (rule)
N.D. Ala. · 2024 · signal: see · quote attribution · 1 verbatim quote · confidence high
generally, when the claimant does not initiate contact within the 45-day charging period, the claim is barred . . . .
discussed Cited as authority (verbatim quote) Bazan v. Carnival Cruise Lines (2×) also: Cited "see"
S.D. Fla. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
speculation does not create a genuine issue of fact.
discussed Cited as authority (verbatim quote) Figueroa v. Geithner (2×) also: Cited as authority (rule)
D. Maryland · 2010 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
contacted an eeo counselor within 45 days of ... the date that he learned that his demotion had become effective. thus, ... his administrative complaint was timely....
cited Cited as authority (rule) Nyesha Swope v. Episcopal Foundation of Jefferson County
11th Cir. · 2026 · confidence medium
Generally, “[t]he moving party bears the burden of production.” Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008) (citing Fickling v. United States, 507 F.3d 1302, 1304 (11th Cir. 2007)).
cited Cited as authority (rule) Arch Insurance Company v. A3 Development, LLC, A3 North Development, LLC, A3 Amenities, LLC
S.D. Fla. · 2026 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Beach Break of Miami LLC v. The Burlington Insurance Company
S.D. Fla. · 2026 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Robert Taylor v. Daniel P. Driscol, Secretary, Department of the Army, et al.
N.D. Ala. · 2026 · confidence medium
Exhaustion of administrative remedies requires a federal employee to “initiate contact with a 38 Counselor within 45 days of the date of the matter alleged to be discriminatory or, in the case of personnel action, within 45 days of the effective date of the action.” 29 C.F.R. § 1614.105(a)(1).14 “Generally, when the claimant does not initiate contact within the 45-day charging period, the claim is barred for failure to exhaust administrative remedies.” Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (citing Brown, 440 F.3d at 1264-65, overruled on other grounds by Burlington …
discussed Cited as authority (rule) Viola S. Jones v. Frank Bisignano, Commissioner of Social Security
N.D. Ala. · 2026 · confidence medium
That is, such an employee must first consult with an officer in her employing agency’s EEO office within forty- five days of the alleged discriminatory event. 29 C.F.R. § 1614.105 (a)(1); Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008).
discussed Cited as authority (rule) Nathan Jordan v. Sheriff Richard Del Toro, et al. (2×)
S.D. Fla. · 2026 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Bradley M. Clay v. Frank Kendall, Secretary of the Department of the Air Force
M.D. Ga. · 2025 · confidence medium
Ga. Dec. 4, 2017); Akkasha v. Bloomingdale’s, Inc., 2019 WL 1 “The remedies, procedures, and rights of Title VII are available to plaintiffs filing complaints under the Rehabilitation Act.” Shiver v. Chertoff, 549 F.3d 1342, 1344 (2008). 7480652, at *3 (S.D.
cited Cited as authority (rule) Desiree E. Lima v. Star Van Systems, Inc. and Harvir Singh
S.D. Fla. · 2025 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Tammy Gourley v. Carnival Corporation
S.D. Fla. · 2025 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Evans v. Nissan Motor Acceptance Co. LLC FKA Nissan Motor A (2×)
Bankr. S.D. Ga. · 2025 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Marante v. American Bankers Insurance Company of Florida
S.D. Fla. · 2025 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Joseph Jimenez v. Acting U.S. Attorney General (2×) also: Cited "see"
11th Cir. · 2025 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (per curiam).
discussed Cited as authority (rule) Ward v. Dept of Navy
M.D. Fla. · 2025 · confidence medium
“Generally, when the claimant does not initiate contact within the [forty-five]-day charging period, the claim is barred for failure to exhaust administrative remedies.” Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008).
cited Cited as authority (rule) Ofer v. Roher
S.D. Fla. · 2025 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Caloggero v. Carnival Corporation
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Contreras v. Walmart Stores East, LP
M.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Burns v. Secretary, Department of Homeland Security, Transportation Security Administration
M.D. Fla. · 2024 · confidence medium
Title VII also requires employees “to initiate administrative review of any alleged discriminatory or retaliatory conduct with the appropriate agency within 45 days of the alleged discriminatory act.” Shriver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (citing 29 C.F.R. § 1614.105 (a)(1)).
cited Cited as authority (rule) James River Insurance Company v. R.I.C., Inc.
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Arora v. Miami-Dade County, Florida
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Forbes v. Britt's Bow Wow Boutique, Inc
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Pruco Life Insurance Company v. Howen
M.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Marine Towing & Salvage of S.W. FL., Inc. v. One 66' 2019 Sabre Dirigo
M.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Taylor v. Department of the Army
N.D. Ala. · 2024 · confidence medium
Accordingly, and because the legal elements of both claims overlap, the court will consider the claims together. 17 within 45 days of the effective date of the action.” 29 C.F.R. § 1614.105 (a)(1).5 “Generally, when the claimant does not initiate contact within the 45-day charging period, the claim is barred for failure to exhaust administrative remedies.” Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (citing Brown v. Snow, 440 F.3d 1259 , 1264- 65 (11th Cir. 2006), overruled on other grounds by Burlington N. & Santa Fe Ry.
cited Cited as authority (rule) Murphy v. Airway Air Charter, Inc
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Martin-Viana v. Royal Caribbean Cruises, Ltd.
S.D. Fla. · 2024 · confidence medium
Defendant shouldered the initial burden to show the absence of a genuine issue of material fact as to notice, Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008), and was unable to meet that burden.
cited Cited as authority (rule) Dogwood State Bank v. Moussa-Oliver
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) JESSE IWUJI MOTORSPORTS, LLC v. EQUITY PRIME MORTGAGE, LLC
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Philippeaux v. Miami Apartments Investors, LLC
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Prime Property & Casualty Insurance, Inc. v. Old Republic Insurance Company
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Antale v. Holiday CVS, L.L.C.
M.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) White v. DeJoy
S.D. Ala. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (per curiam).
cited Cited as authority (rule) Duncan v. North Broward Hospital District
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Nautilus Insurance Company v. Pinnacle Engineering & Development, Inc. (2×)
S.D. Fla. · 2024 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Lewis v. McDonough
D.D.C. · 2023 · confidence medium
See, e.g., Hickey v. Brennan, 969 F.3d 1113, 1124 (10th Cir. 2020) (knowledge-based tolling unavailable because “Hickey was fully aware of her termination” but failed to contact a counselor within 45 days); Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (tolling available because “Shiver contacted an EEO counselor within 45 days of . . . the date that he learned that his demotion had become effective”); Jakubiak v. Perry, 101 F.3d 23, 27 (4th Cir. 1996) (tolling unavailable because “Jakubiak did not . . . initiate counseling” within 45 days of when another candidate was �…
cited Cited as authority (rule) Ypsilantis v. Secretary, U.S. Department of the Treasury
S.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Hodges v. Miami-Dade County, Florida
S.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Muldrow v. Garland
M.D. Fla. · 2023 · confidence medium
If the employee fails to contact a counselor within 45 days of the discriminatory action, his claim is ordinarily “barred.” , 549 F.3d 1342, 1344 (11th Cir. 2008).
discussed Cited as authority (rule) Alcindor v. DeJoy (2×) also: Cited "see"
M.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008).
discussed Cited as authority (rule) Cuyler v. Bay Pines VA Health Care Systems
M.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (citing 29 U.S.C. § 749a(a)(1); 42 U.S.C. § 2000e-16(b); 29 C.F.R. § 1614.105 (a)(1);6 and Mullins, 228 F.3d at 1310–11).
cited Cited as authority (rule) Balbin v. Latin
S.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
discussed Cited as authority (rule) Garvey v. Secretary, United States Department of Labor
M.D. Fla. · 2023 · confidence medium
Exhaustion of Administrative Remedies Prior to bringing an action under Title VII, the ADEA, or the Rehabilitation Act, a federal employee must first exhaust her administrative remedies “by bringing her complaint before the EEOC and providing it with all of the information that it needs to investigate and resolve the dispute.” Holder v. Nicholson, 287 F. App’x 784, 790 (11th Cir. 2008) (Title VII and ADEA); see also Murphree v. Comm’r, 644 F. App’x 962, 965 (11th Cir. 2016) (Title VII); Shiver v. Chertoff, 549 F.3d 1342, 1344 (11th Cir. 2008) (Title VII and Rehabilitation Act); Bost …
cited Cited as authority (rule) Adams v. Sky Lease 1, Inc.
S.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Gonzalez v. U.S. Department of Agriculture
S.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Guirola v. Miami-Dade County
S.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) Waters v. City of Sunrise
S.D. Fla. · 2023 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
cited Cited as authority (rule) McSwain v. World Fuel Services Corporation
S.D. Fla. · 2022 · confidence medium
Shiver v. Chertoff, 549 F.3d 1342, 1343 (11th Cir. 2008).
Retrieving the full opinion text from the archive…
Timmy S. SHIVER, Plaintiff-Appellant,
v.
Michael CHERTOFF, Secretary, Department of Homeland Security, Defendant-Appellee
Aileen Bell Hughes, Atlanta, GA, for Michael Chertoff.
Dubina, Black, Fay.
Cited by 304 opinions  |  Published
PER CURIAM:

Appellant Timmy S. Shiver, proceeding pro se, appeals the district court’s grant of summary judgment in favor of the government in his employment discrimination suit under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-16, and Title V of the Rehabilitation Act of 1973, 29 U.S.C. § 791. Specifically, the district court found that Shiver’s complaint was untimely because the charging period began on December 3, 2004, when Shiver learned that he was going to be demoted. Shiver contests the district court’s finding and claims that his administrative complaint was timely filed on January 5, 2005, when he learned that his demotion had become effective.

I.

We review a district court’s grant of summary judgment de novo, applying the same legal standard used by the district court. Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1242 (11th Cir.2001). We draw all factual inferences in a light most favorable to the non-moving party. Id. at 1243. Summary judgment is appropriate where “there is no genuine issue as to any material fact and ... the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). The moving party bears the burden of production. Fickling v. United States, 507 F.3d 1302, 1304 (11th Cir.2007). If the moving party meets this burden, “the nonmoving party must present evidence beyond the pleadings showing that a reasonable jury could find in its favor.” Id. “Speculation does not create a genuine issue of fact.” Cordoba v. Dillard’s, Inc., 419 F.3d 1169, 1181 (11th Cir.2005) (quotation omitted). As the Supreme Court stated, “the plain lan[*1344] guage of Rule 56(c) mandates the entry of summary judgment against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

II.

“The [Rehabilitation] Act prohibits federal agencies from discriminating in employment against otherwise qualified individuals with a disability.” Mullins v. Crowell, 228 F.3d 1305, 1313 (11th Cir.2000); see also 29 U.S.C. §§ 791(g), 794a. The remedies, procedures, and rights of Title VII are available to plaintiffs filing complaints under the Rehabilitation Act. 29 U.S.C. § 794a(a)(1).

Under Title VII and the Rehabilitation Act, federal employees are required to initiate administrative review of any alleged discriminatory or retaliatory conduct with the appropriate agency within 45 days of the alleged discriminatory act. See id.; 42 U.S.C. § 2000e-16(b); 29 C.F.R. § 1614.105(a)(1); see also Mullins, 228 F.3d at 1310-11 (applying the 45-day exhaustion requirement to federal employees raising claims under the Rehabilitation Act). When the discriminatory act results in a personnel action, the employee must contact an EEO counselor “within 45 days of the effective date of the action.” 29 C.F.R. § 1614.105(a)(1). The EEOC “shall extend the 45-day limit ... when the individual shows ... that he or she did not know and reasonably should not have [ ] known that the ... personnel action occurred.” 29 C.F.R. § 1614.105(a)(2). Generally, when the claimant does not initiate contact within the 45-day charging period, the claim is barred for failure to exhaust administrative remedies. See Brown v. Snow, 440 F.3d 1259, 1264-65 (11th Cir.2006) (affirming the district court’s determination that the defendant failed to establish that the plaintiff did not initiate contact within the 45-day charging period).

In this case, the record demonstrates that Shiver contacted an EEO counselor within 45 days of January 5, 2005, which was the date that he learned that his demotion had become effective. Thus, we conclude that his administrative complaint was timely, and, therefore, the district court erred in finding that Shiver’s action was time-barred. Accordingly, we vacate the district court’s grant of summary judgment in favor of the government and remand this case for further proceedings consistent with this opinion.

VACATED AND REMANDED.