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Wendy Lisabeth Starr, the daughter of Mr. Sidney M. Starr of Scarsdale, N. Rabbi Jack Stern Jr. The bride, who will retain her name, is a sales manager for the Xerox Corporation in New York.

Lisabeth starr

Lisabeth starr

Lisabeth starr

Lisabeth starr

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Michael P. Mortimer C. Shea, Jr. Army, Arlington, Va. Hudson, U. Susan Lisabeth Starr, E. Livingston, Acting Gen. Counsel, Carolyn L. Wheeler, Asst. Counsel, E. Army had violated her rights under the Equal Pay Act of , 29 U. The EEOC initially found that there was reasonable cause to believe that the Army discriminated against her "EEOC I" , but erroneously applied private sector procedures for the public sector charge. We affirm the district court's holding that EEOC I did not become enforceable and that Nealon's Title VII discrimination claim is barred by her failure to exhaust administrative remedies.

We reverse with respect to Nealon's Title VII retaliation claim, however, as she need not exhaust administrative remedies to pursue it. Plaintiff-appellant Margaret Nealon is a female civilian employee of the U.

She argues that this differential is discriminatory. The classification of her position has met with some confusion. In January , a contract classification specialist graded her job at GS Nealon first protested the classification decision through internal procedures. On January 4, , she filed a written appeal of the classification to the CPO pro se, alleging violation of "the Equal Pay Act that states that males and females having like duties and responsibilities should also have equal pay.

The EEOC investigated between March and March , obtaining statements from Nealon; the higher paid Design Chief; the division chief; and Nealon's former supervisors, who all agreed that the positions were the same and deserved the same pay. In September , the EEOC reopened the case, apparently based on the uncontroverted fact that it used the procedures for private, not public, employers in processing Nealon's administrative claim.

The district court denied enforcement of the EEOC I decision on the ground that such enforcement was inappropriate because the EEOC had processed the claim incorrectly. The court also dismissed the Title VII discrimination claim on the ground that Nealon failed to exhaust her administrative remedies because she did not contact an EEO counselor within the requisite thirty-day period. In addition, the court held that the Title VII retaliation claim was barred for failure to exhaust administrative remedies.

Finally, the court dismissed the EPA claim on the ground that the applicable three-year statute of limitations period had run. Nealon timely appealed. On appeal, Nealon first argues that the passage of time converted EEOC I into a final, binding order which the district court should have enforced. Brady, 50 Empl. CCH Para. Despite the reversal, the district court enforced the original EEOC order because more than "a short and reasonable time" had passed. The court held that after a period measured in weeks rather than years, agency decisions become final and no longer subject to agency reversal.

We decline to apply Gubisch to the facts of this case. In Gubisch, the discrimination finding and compliance order were properly issued. In the case at bar, however, the issuance of the order was marred by application of procedures for private rather than public employers.

We disagree with Nealon's contention that the public and private procedures are virtually equivalent. Under the procedures applicable to private employers, inadvertently used for Nealon, when the EEOC finds reasonable cause of discrimination, either side can litigate the claim de novo in district court.

When the EEOC finds discrimination pursuant to the EPA in a public sector case, it issues a compliance order that is enforceable against the agency. FPM Ltr. Here, use of the wrong procedures denied the Army the ability to timely appeal the reasonable cause finding to the EEOC. That denial may well have prejudiced the Army in this case, and thus in this case the procedures were materially different. Nealon argues alternatively that, even if the two procedures have significant differences, the passage of more than reasonable time eliminates the EEOC's opportunity to rectify its admitted procedural error.

See Mazaleski v. Treusdell, F. Merit Systems Protection Board, F. However, the passage of time simply does not, and cannot, transform a reasonable cause determination into a final compliance order. The district court below dismissed Nealon's Title VII discrimination claim because she did not contact the Army's EEO counselor within thirty days of the incident giving rise to the complaint.

According to the applicable regulation, 29 C. We reject Nealon's contention. Indisputably, Title VII suits against the government are subject to equitable tolling principles. Irwin v. However, where an employee fails to make timely contact with the EEO office, courts will equitably toll the statute of limitations only when the government should be estopped from asserting the time bar or if plaintiff did not know about the time requirement.

Neither of these circumstances was present here. As this court has held, the government cannot be estopped from asserting the thirty-day time limit as a defense if "plaintiff has made no showing of affirmative misconduct on the part of the government, which is the least the court would require, even if that would suffice, to rely upon estoppel.

Medical Center, F. Hansen, U. That conduct occurred after the relevant thirty-day period expired, too late to save Nealon's Title VII claim under a theory of government estoppel. Neither can Nealon successfully press her claim based on lack of knowledge of the relevant period. The applicable EEO regulation, 29 C. Evidence in the record supports the district court's finding that this exception to the thirty-day period is not applicable to Nealon.

Nowhere in the record does Nealon state that she was unaware of the thirty-day filing requirement. Moreover, in answer to an interrogatory, Nealon stated that she "recalls generally but not specifically knowing of the EEO complaint process before Given these circumstances, Nealon failed to demonstrate the requisite lack of knowledge to invoke the a 4 exception. Accordingly, Nealon's Title VII discrimination claim is barred for failure to exhaust administrative remedies.

See also Zografov, F. Cheney, F. Nealon further argues that the district court improperly barred her Title VII retaliation claim for failure to exhaust administrative remedies. As the district court noted in dismissing Nealon's claim, this circuit has not resolved whether a plaintiff asserting a Title VII claim of retaliation for filing a previous EEOC charge must exhaust administrative remedies before suing in federal court. See Aronberg v. Walters, F. We now consider the issue.

All other circuits that have considered the issue have determined that a plaintiff may raise the retaliation claim for the first time in federal court.

On consideration, we find these rationales persuasive and adopt this position. Western Electric Co. Standard Brands, Inc. General Electric Co. The Seventh Circuit includes retaliation for the filing of an EEOC charge as discrimination "like or reasonably related to The Malhotra court also rested its decision not to require a second EEOC filing on practical concerns:.

Hartshorne Public School District No. Buffalo Bd. Maryland Casualty Co. Tulane Univ. She claims that the Army retaliated against her for taking this action. She then brought suit in federal court when the EEOC ruled against her. She clearly had a reasonable, good faith belief that the Army discriminated against her, justifying her original EEOC charge two classification reviews placed her at GS and three former supervisors concurred that her position merited such a placement.

Conciliation with the Army did not improve her position the first time and would be unlikely to do so a second time. Therefore, we hold that she is entitled to have her retaliation claim heard by the district court.

Nealon argues that her Equal Pay Act claim is not entirely barred by the three-year statute of limitations for willful violations.

See 29 U. She contends that the violation at issue was continuing and therefore the accruing event was not uniquely the date of her GS job classification, December 23, , but rather every time she was paid. We consider each argument in turn. Nealon first argues that each issuance of her paycheck at a lower wage than her male counterpart received constituted a new discriminatory action for purposes of EPA limitations accrual.

We agree. Instrumental in our determination is the Supreme Court's treatment of the issue of separate paychecks in Bazemore v. Friday, U. In that case, the Court held that sponsorship by the North Carolina Agricultural Extension Service of single-race clubs did not violate the Fourteenth Amendment where the racial imbalance was the result of the voluntary choice of private individuals.

However, the Court also unanimously held that the Extension Service had a positive duty to eradicate salary disparities between white and black workers that had their origin prior to the date when Title VII was made applicable to public employees.

As Justice Brennan stated for the Court in explaining the per curiam opinion's rationale:. This principle, "too obvious to warrant extended discussion," id.

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Lisabeth starr

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Wendy Lisabeth Starr, the daughter of Mr. Sidney M. Starr of Scarsdale, N. Rabbi Jack Stern Jr. The bride, who will retain her name, is a sales manager for the Xerox Corporation in New York.

She is a graduate of Wesleyan University and received an M. Log In. View on timesmachine. TimesMachine is an exclusive benefit for home delivery and digital subscribers. To preserve these articles as they originally appeared, The Times does not alter, edit or update them.

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Lisabeth starr