McDonald-Cuba v. Santa Fe Protective Svcs, Inc., No. 10-2151 (10th Cir. 2011)
Annotate this CasePlaintiff-Appellant Lynn McDonald-Cuba sued her former employer, Defendant-Appellee Santa Fe Protective Services, Inc.(SFPS), and sought damages for alleged violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§2000e-2000e-17, and New Mexico state law. SFPS counter-sued Plaintiff on breach of contract, interference with their economic advantage and breach of loyalty. SFPS would eventually drop all its claims against Plaintiff. The district court granted SFPS summary judgment on the discrimination claims. On appeal, Plaintiff argued that the district court improperly granted summary judgment on her claims premised on post-employment retaliation and discrimination. The Tenth Circuit found that Plaintiff did not seek all administrative remedies available to her through before taking her case to court. The Court held that “neither the filing of her EEOC charge nor [Plaintiff’s] filing of this suit can serve as protected activity for purposes of her retaliation . . . because neither of those activities occurred before she filed the EEOC charge mentioned in her complaint.” The Court vacated the district court’s judgment on Plaintiff’s post-employment retaliation claim, and remanded the case to the district court to dismiss for lack of jurisdiction for review.
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