Juan Roberto OAXACA, Plaintiff-Appellant, v. Egger L. ROSCOE, Commissioner of Internal Revenue Service, Defendant-Appellee
Court of Appeals for the Fifth Circuit
1Opinion of the Court
ALVIN B. RUBIN, Circuit Judge:
The suit of a former Internal Revenue Service employee who contends that the government discriminated against him based on his Mexican national origin was dismissed for lack of subject matter jurisdiction on the ground that the employee failed to bring his complaint to the attention of the Equal Employment Opportunity [EEO] counselor within thirty calendar days as required by the federal nondiscrimination regulations. Concluding that the failure to give timely notice does not deprive the court of subject matter jurisdiction, but raises instead issues that the…
2Cases cited23 opinions
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- Mrs. Roger McMillan REEB, Plaintiff-Appellant, v. ECONOMIC OPPORTUNITY ATLANTA, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1975
- W. B. COKE, Jr., Plaintiff-Appellant, v. GENERAL ADJUSTMENT BUREAU, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
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- Walter SESSIONS, Plaintiff-Appellant, v. RUSK STATE HOSPITAL, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1981
- Boyd v. United States Postal ServiceCourt of Appeals for the Ninth Circuit · 1985
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