U.S. Court of Appeals for the Eighth Circuit, 2017

Lateshia Patillo v. Sysco Foods of Arkansas LLC

Lateshia Patillo v. Sysco Foods of Arkansas LLC
U.S. Court of Appeals for the Eighth Circuit · Decided December 6, 2017 · Shepherd, Murphy, Kelly
704 F. App'x 612

Lateshia Patillo v. Sysco Foods of Arkansas LLC

Opinion

PER CURIAM.

Lateshia Patillo appeals the district court’s order dismissing her employment-discrimination action, for failure to exhaust administrative remedies. Upon de novo review, see Blakley v. Schlumberger Tech. Corp., 648 F.3d 921, 931 (8th Cir. 2011), we vacate the dismissal order and remand the case to the district court. The court is instructed to reconsider the issues in this case, including whether an intake questionnaire Patillo filed with the Equal Employment Opportunity Commission constituted a valid administrative charge of discrimination, in light of Supreme Court precedent including Fed. Express Corp. v. Holowecki, 552 U.S. 389, 128 S.Ct. 1147, 170 L.Ed.2d 10 (2008), and Edelman v. Lynchburg Coll., 535 U.S. 106, 122 S.Ct. 1145, 152 L.Ed.2d 188 (2002).

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