United States District Court, D. Connecticut
RULING ON MOTION FOR SUMMARY JUDGMENT
Michael P. Shea, U.S.D.J.
the Court's second ruling addressing exhaustion of
administrative remedies in this Title VII employment
discrimination case. In its prior ruling, the Court found
that Plaintiff MaylaSaathi Tillackdharry had failed to
contact an Equal Employment Opportunity (EEO) Counselor
within the 45 days mandated by 29 C.F.R. §1614.105(a),
but that there was an issue of material fact as to whether
she had proper notice of the 45-day requirement. (ECF No. 17
at 4-6.) The Court instructed the parties to conduct
discovery in phases, with the first phase limited to
“whether Plaintiff was actually or constructively aware
of the 45-day requirement” and a second timeliness
issue. (Id. at 11.) The undisputed facts now
establish that Ms. Tillackdharry did have constructive notice
of the 45-day requirement through a bulletin board in one of
the common areas of the office. Therefore, Defendant's
Motion for Summary Judgment (ECF No. 52) is GRANTED.
Tillackdharry worked as a Passport Specialist with the
Connecticut Passport Agency of the U.S. Department of State
from March 2007 until her resignation on January 9, 2009.
(ECF Nos. 52-4 at 6; 52-5 at 17.) Ms. Tillackdharry alleges
that her resignation was involuntary and discriminatory, in
violation of Title VII of the Civil Rights Act of 1964, 42
U.S.C. §§ 2000e et seq. (ECF No.
1 at 3.)
to the declaration of the Connecticut Passport Agency's
EEO Counselor, Denise Blount, from 2007-2009, the Agency
“maintained a bulletin board with various EEO notices
in the kitchen of [the] offices…. All Agency employees
had access to and exposure to the contents of the EEO
bulletin board by virtue of its prominent location.”
(ECF No. 52-6 at 38 ¶ 5.) Ms. Blount stated further that
the bulletin board included a notice that “advised
employees who wished to initiate an EEO complaint that they
must do so by contacting an EEO counselor within 45 calendar
days of the matter alleged to be discriminatory.”
(Id. at 38 ¶ 6 (emphasis in original).) In her
deposition testimony, Ms. Tillackdharry stated that she
“sometimes” went into the break room with the
bulletin board but could not recall the contents:
Q. When you worked for the passport agency - and I believe
you mentioned this a little while ago - it was located in
Norwalk at that time, right?
Q. That suite of offices had a kitchen area; is that right?
A. Yeah, it had a break room, a lounge, like every office.
Q. Okay. And did you have occasion to go in the break room?
Q. Okay. Everybody went into the break room at some point or
Q. Okay. And would it be fair to consider that as a heavily
trafficked area of the ...