Theodore S. Cooper v. Griffin B. Bell

Appellant Cooper, an employee of the United States Drug Enforcement Administration (DEA), filed a complaint against the United States Attorney General alleging that he had been discriminated against in violation of section 717 of the Equal Employment Opportunity Act of 1972, 42 U.S.C. § 2000e-16 (1976). Jurisdiction in the district court was based on 42 U.S.C. §§ 2000e-16(c) and (d) (1976). The district court judge, concluding that Cooper had failed to exhaust his administrative remedies, dismissed for failure to state a claim for which relief could be granted. We have jurisdiction to review under 28 U.S.C. § 1291 (1976). We reverse the district court and remand for further proceedings.

I

FACTS

Cooper, a white male, was employed at the Los Angeles office of DEA as an Equal Employment Opportunity (EEO) coordinator. He was responsible for preparing and assisting in the implementation of EEO plans in the Western Region of DEA, pursuant to 42 U.S.C. § 2000e-16 (1976) and 5 C.F.R. § 713.201 et seq. (1976).

On February 19, 1976, Cooper filed a grievance with DEA. He complained that his attempts to implement an EEO program had been met with suspicion and hostility and that Van Diver,…