674 F. App'x 873
11th Cir.2016Background
- Pamela McClure appeals the district court's dismissal of her ADA claim against Oasis Outsourcing II.
- McClure argues she exhausted administrative requirements and that the district court erred in treating outside pleadings as part of the motion to dismiss.
- The district court held Oasis was not named in the EEOC charge, and the charge did not notify Oasis or allow reconciliation with Oasis.
- Notice of the right-to-sue letter was addressed to a law firm, not Oasis, undermining notification to Oasis.
- McClure had payroll documents identifying Oasis and relied on them in filings, suggesting possible misidentification in EEOC proceedings.
- The court applied Virgo’s factors and ultimately affirmed dismissal for failure to exhaust and for permissible consideration of extrinsic documents.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did McClure exhaust ADA administrative requirements? | McClure exhausted through EEOC proceedings identifying Oasis. | Oasis was not named in the EEOC charge and not notified or included in the process. | Affirmed: failure to exhaust |
| Whether the district court properly considered extrinsic documents on a 12(b)(6) motion | Court erred in considering documents outside the pleadings to resolve the motion. | Rule 12(b)(6) exception permits considering central extrinsic documents not challenged as authentic. | Affirmed: no error or invited error; harmless conclusion |
Key Cases Cited
- Virgo v. Riveria Beach Assocs., 30 F.3d 1350 (11th Cir. 1994) (flexible EEOC naming and exhaustion analysis)
- Mulhall v. Advance Security, Inc., 19 F.3d 586 (11th Cir. 1994) (scope of EEOC investigation in ADA/Title VII context)
- SFM Holdings, Ltd. v. Banc of Am. Sec., LLC, 600 F.3d 1334 (11th Cir. 2010) (extrinsic documents exception to 12(b)(6) rule when central and not challenged)
- Crockett v. Uniroyal, Inc., 772 F.2d 1524 (11th Cir. 1985) (invited error doctrine limits appellate challenge when error invited by party)
- Yellow Pages Photos, Inc. v. Ziplocal, LP, 795 F.3d 1255 (11th Cir. 2015) (invited error and related principles in appellate review)
- Randall v. Scott, 610 F.3d 701 (11th Cir. 2010) (standards for reviewing Rule 12(b)(6) dismissals)
- Ashcroft v. Iqbal, 556 U.S. 662 (2007) (plausibility pleading standard)