Jenkins v. Mabus, et al., No. 10-2249 (8th Cir. 2011)
Annotate this CasePlaintiff sued defendant, the Secretary of the Navy, for sexual harassment and retaliation, in addition to state law claims. Plaintiff appealed the district court's dismissal of the case based on the failure to exhaust her administrative remedies. The court affirmed the dismissal and held that plaintiff failed to exhaust her administrative remedies because she first made contact with an Equal Employment Opportunity counselor on February 10, 2004 - 68 days after the sexual harassment ended. The court also held that neither equitable tolling nor equitable estoppel saved her claim.
Court Description: Civil case - employment discrimination. For the court's previous opinion in the matter, see Jenkins v. Winter, 540 F.3d 742 (8th Cir. 2008). District court did not err in dismissing the complaint for failure to exhaust administrative remedies; neither equitable tolling nor equitable estoppel saved the claim.
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