Sizova v. National Institute of Standards & Technology

SEYMOUR, Circuit Judge.

Natalia Sizova brought this action under 42 U.S.C. §§ 2000e et seq. (Title VII) against the National Institute of Standards and Technology (NIST), a federal agency, and the University of Colorado. Ms. Sizo-va had received a fellowship administered by defendants and alleged that she was the victim of gender and pregnancy discrimination when the fellowship was terminated. The district court granted NIST’s motion to dismiss for lack of subject matter jurisdiction under Fed.R.Civ.P. 12(b)(1), holding that Ms. Sizova had failed to exhaust her administrative remedies. 1 The…