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Shiver v. Chertoff
Citations: 549 F.3d 1342; 21 Am. Disabilities Cas. (BNA) 492; 2008 U.S. App. LEXIS 24188; 91 Empl. Prac. Dec. (CCH) 43,397; 104 Fair Empl. Prac. Cas. (BNA) 1707; 2008 WL 5003027Docket: 08-13024
Court: Court of Appeals for the Eleventh Circuit; November 26, 2008; Federal Appellate Court
Original Court Document: View Document
Timmy S. Shiver, the appellant, is appealing the district court's grant of summary judgment in favor of Michael Chertoff, Secretary of the Department of Homeland Security, in an employment discrimination case under Title VII of the Civil Rights Act of 1964 and Title V of the Rehabilitation Act of 1973. The district court ruled Shiver's complaint was untimely, determining that the charging period began on December 3, 2004, when he was notified of his impending demotion. Shiver contends that his administrative complaint was timely filed on January 5, 2005, when he learned his demotion had been finalized. The appellate court reviews the summary judgment de novo, applying the same legal standards as the district court, which requires no genuine issue of material fact for the moving party to prevail. Under both Acts, federal employees must initiate administrative review within 45 days of the alleged discrimination. The relevant regulation allows for an extension of this deadline if the individual proves they were not aware, and should not have been aware, of the personnel action. The court found that Shiver contacted an EEO counselor within 45 days of January 5, 2005, indicating that his administrative complaint was indeed timely. Consequently, the appellate court vacated the district court's summary judgment and remanded the case for further proceedings.