| 词汇 | Exhaust Administrative Remedies2 |
| 释义 | `1`Exhaust Administrative Remedies2 `2` "Legal Lexicon": Congress passed the Equal Employment Opportunity Act (EEOA) to bring federal employees within the rubric of Title VII. Clark v. Chasen, 619 F.2d 1330, 1334 (9th Cir.'80). By adopting, the EEOA, Congress intended to minimize differences between private and federal employees, especially judicial barriers of sovereign immunity and administrative exhaustion faced by federal employees. Id. (citing S.Rep.No.415, 92d Cong., 1st Sess. 16 (1971); H.R.Rep.No.238, 92d Cong., 1st Sess. 23 (1971); U.S. Code Cong. & Admin. News 1972, pp. 2137, 2158). In Clark, this circuit specifically rejected extension of judicial exhaustion requirements of administrative cooperation. The court refused to differentiate between federal and private-sector employees and held that extending jurisdictional burdens beyond those specifically designated by statute would upset the balance struck by Congress between administrative interests and interests in eradicating employment discrimination. Id.*fn13 Wrenn accomplishes what Clark refused to do.*fn14 See e.g., Long v. Ringling Bros.-Barnum & Bailey Shows Inc., 9 F.3d 340, 341-43 (4th Cir.'93) (private-sector employee need only meet statutory jurisdictional requisites to file action in district court; Wrenn does not apply to private-sector employee who rejects offer of full relief, employee is entitled to trial de novo). Since laypersons initiate the administrative process for resolving employment discrimination complaints, the procedural requirements for Title VII actions are 'neither interpreted too technically nor applied too mechanically.' Ong v. Cleland, 642 F.2d 316, 319 (9th Cir.'81) (quoting Richardson v. Jones, 572 F.2d 89, 96 (3rd Cir.'78) (citing as in accord, Clark, 619 F.2d at 1332 n.7; Ramirez v. National Distillers & Chemical Corp., 586 F.2d 1315, 1321 (9th Cir.'78)). Procedurally, a Title VII complainant must seek counselling within 30 days of an alleged violation, 29 C.F.R. S 1613.214(a)(i), and within 15 days after completing counselling, complainant must file a formal EEO complaint with the agency, S 1613.214(a)(ii). Within 30 days of receiving notice of final action, *fn15 an employee 'if aggrieved by the final disposition of his complaint . . . may file a civil action. . . .' 42 U.S.C. S 2000e-16(c). The regulations provide that if a certified offer of full relief is rejected by the claimant, the agency may cancel the complaint. S 1613.215(a)7. Upon cancellation, the agency must notify the claimant that he or she is entitled to file an action in federal court, S 1613.281(a), or that claimant may first file an appeal with the EEOC before proceeding with a civil action. S 1613.233. The jurisdictional bar imposed under Wrenn directly conflicts with the statutory and regulatory provisions for judicial access and stands in stark contrast to the agency's cancellation notice which assures claimants of their right to sue. |
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