Fowlkes v. Ironworkers Local 40, No. 12-336 (2d Cir. 2015)
Annotate this CasePlaintiff, who self-identifies as male but was born biologically female, filed suit against defendants, alleging that they discriminated against him on the basis of sex and retaliated against him for filing an earlier action against them. The district court construed plaintiff’s complaint as stating federal claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, et seq., and related state‐ and city‐law claims. The district court dismissed the complaint based on failure to exhaust administrative remedies. The court concluded, however, that the district court erred in determining that plaintiff’s failure to exhaust administrative remedies deprived it of subject matter jurisdiction over his Title VII claims; plaintiff has stated a federal claim under the National Labor Relations Act, 29 U.S.C. 151, et seq., for the Local’s breach of its duty of fair representation; and therefore, the court vacated and remanded for further proceedings.
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