Barnes v. McHugh

2013 WL 3561679 (2013)

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Barnes v. McHugh

United States District Court for the Eastern District of Louisiana
2013 WL 3561679 (2013)

  • Written by Jamie Milne, JD

Facts

Beverly Barnes (plaintiff), a 68-year-old Black female, filed suit against the United States (defendant), alleging that during Barnes’s employment in the United States Army Reserve Command, the United States engaged in discriminatory employment practices violating Title VII of the Civil Rights Act of 1964 (Title VII). One claim was based on the Army Reserve Command’s allegedly discriminatory negative ratings on Barnes’s 1991 evaluation report. The United States moved to dismiss the evaluation claim and Barnes’s other claims, arguing that they were time-barred because Barnes’s first contact with an Equal Employment Opportunity (EEO) counselor on July 20, 2011, was more than 45 days after the alleged discriminatory acts occurred. Regarding the evaluation claim, Barnes argued the claim was not time-barred because the discriminatory 1991 report had compensation consequences that continued to impact Barnes’s paychecks through June 5, 2011, 45 days before Barnes’s first contact with the EEO counselor. The district court considered the United States’ motion.

Rule of Law

Issue

Holding and Reasoning (Berrigan, J.)

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