Jenkins v. Mabus
2011 U.S. App. LEXIS 14986
8th Cir.2011Background
- Jenkins sued the Secretary of the Navy for sexual harassment, retaliation, and state-law claims.
- The district court dismissed for failure to exhaust administrative remedies.
- This court previously affirmed dismissal of retaliation, but remanded as to sexual harassment.
- After December 4, 2003, Jenkins alleged continued harassment including insults and threats by Navy recruiters and staff.
- The district court held post-December 4 conduct did not constitute a continuing violation and that Jenkins failed to timely contact an EEO counselor.
- Jenkins asserts equitable estoppel or tolling excuse the late EEO contact; the court considers these arguments on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether post-December 4 conduct qualifies as continuing violation | Jenkins argues continuing harassment keeps earlier claim timely | Navy argues post-December 4 acts are distinct and untimely | Not a continuing violation; conduct after Dec. 4 not within 45-day window |
| Whether Jenkins timely contacted the EEO counselor | Contact within 45 days of the discriminatory matter due to continuing harassment | Harassment ended Dec. 4; timing does not meet the requirement | No timely contact under 45-day rule |
| Whether equitable estoppel applies | Navy misled Jenkins and delayed her filing | No deliberate design or unmistakable understanding by Navy | Equitable estoppel not shown |
| Whether equitable tolling applies | Excusable ignorance due to Navy guidance kept her from timely filing | Jenkins was generally aware of rights; tolling not warranted | Equitable tolling not shown |
| Whether post-December 4 conduct independently supports a hostile-work-environment claim | Post-December 4 acts constitute hostile environment | Post-December 4 acts were not severe or pervasive enough | Post-December 4 conduct does not independently create hostile environment |
Key Cases Cited
- National Sur. Corp. v. Ranger Ins. Co., 260 F.3d 881 (8th Cir. 2001) (timing of continuing claims; efficiency in using prior periods)
- Morgan v. West, 536 U.S. 101 (U.S. 2002) (continuing-work-environment concept and time limits)
- Wilkie v. Dep't of Health & Human Servs., 638 F.3d 944 (8th Cir. 2011) (post-claim acts must be similar to original conduct to form continuing violation)
- Jensen v. Henderson, 315 F.3d 854 (8th Cir. 2002) (employer action timing related to harassment; timely filing context)
- Briley v. Carlin, 172 F.3d 567 (8th Cir. 1999) (initiation of contact and administrative-exhaustion requirements)
- Rowe v. Hussmann Corp., 381 F.3d 775 (8th Cir. 2004) (collective-administration of acts constituting hostile environment)
- West v. Gibson, 527 U.S. 212 (U.S. 1999) (Title VII as a dispute-resolution system for federal employees)
- Irwin v. Dep't of Veterans Affairs, 498 U.S. 89 (U.S. 1990) (equitable tolling and sovereign-immunity concepts)
- T.L. ex rel. Ingram v. United States, 443 F.3d 956 (8th Cir. 2006) (exceptional circumstances for equitable tolling)