Elizabeth K. CLARK, Plaintiff-Appellant, v. Robert B. CHASEN, Commissioner of the U. S. Customs Service, Defendant-Appellee

Plaintiff Elizabeth Clark appeals from the dismissal of her Title VII complaint for failure to exhaust administrative remedies. We reverse the decision of the district court and remand for trial.

Clark was employed by the United States Customs Service from May, 1959 to October, 1975. On June 3, 1975, she filed a formal complaint with the Service alleging discrimination on the basis of sex because she was denied the assistance and training given to the man who previously held her position. She later experienced emotional difficulties and voluntarily left the Service in October, 1975. She then filed an employment disability compensation claim based on her inability to continue working.

The Customs Service commenced an investigation into Clark’s allegations of sex discrimination and informed Clark, by letter dated June 10, 1976, of its tentative determination that her allegations were unsupported. The letter advised her that she could request either a hearing before the Civil Service Commission or a final decision from the Director of Equal Opportunity of the Treasury Department. By letter dated June 21, 1976, she requested a hearing.

Clark was notified by letter, dated July 27,…