Caycho Melgar v. T.B. Butler Publishing Co., No. 18-41080 (5th Cir. 2019)Annotate this Case
The Fifth Circuit affirmed the district court's grant of summary judgment in favor of the employer on plaintiff's claims of discrimination based on age, disability, and national origin. The court held that an intake questionnaire, which does not contain a clear and concise statement of facts alleging unlawful employment practices, was insufficient to constitute a charge of discrimination. Therefore, plaintiff filed an untimely charge of discrimination which resulted in his failure to properly exhaust his administrative remedies. The court also held that equitable tolling did not apply in this case because plaintiff did not act with due diligence.
This opinion or order relates to an opinion or order originally issued on July 3, 2019.