Retaliatory Counterclaims Need EEOC Charge: 10th Circ.

Law360, New York (May 9, 2011, 8:30 PM EDT) -- The Tenth Circuit ruled Monday that a plaintiff claiming an employer filed retaliatory counterclaims must first exhaust administrative remedies, finding that a district court lacked jurisdiction to hear an ex-security company employee's claim without a new Equal Employment Opportunity Commission charge.

A three-judge panel for the Tenth Circuit largely affirmed a New Mexico federal court's judgment in favor of Santa Fe Protective Services Inc. in a gender discrimination suit brought by former employee Lynn McDonald-Cuba, but remanded McDonald-Cuba's retaliation allegation, which she had hoped to revive...
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