Legal Opinion

Michael FITZGERALD, Plaintiff-Appellant, v. SECRETARY, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, Defendant-Appellee

Court of Appeals for the Fifth Circuit

Decided September 5, 1997No. 96-30731PublishedCited by 32 opinions

1Opinion of the Court

DUHÉ, Circuit Judge:

Michael Fitzgerald appeals the district court’s dismissal of his Title VII suit for failure to exhaust administrative remedies. We affirm.

I

Plaintiff-Appellant Michael Fitzgerald, a black male, was employed as a pharmacy technician at a Department of Veterans Affairs (the “VA”) medical center in Shreveport, Louisiana. In the spring of 1992, Fitzgerald was allegedly harassed at work by a white female pharmacist. Fitzgerald maintains that the pharmacist uttered racial slurs about him; ordered him to perform job-related tasks that had already been completed; and falsely…

2Cases cited18 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Landgraf v. USI Film ProductsSupreme Court of the United States · 1994
  3. Albemarle Paper Co. v. MoodySupreme Court of the United States · 1975
  4. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  5. Brown v. General Services AdministrationSupreme Court of the United States · 1976

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3Cited by32 opinions

  1. West v. GibsonSupreme Court of the United States · 1999
  2. David L. Hypes, Individually and on Behalf of His Minor Child Sarah Hypes, and Megan Hypes v. First Commerce CorporationCourt of Appeals for the First Circuit · 1998
  3. Carol Briley v. John W. Carlin, Archivist of the United StatesCourt of Appeals for the Eighth Circuit · 1999
  4. Loomis v. Starkville Mississippi Public School DistrictDistrict Court, N.D. Mississippi · 2015
  5. Alvarez v. United Parcel Service Co.District Court, N.D. Texas · 2005

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