Pamela S. STOCKE, Plaintiff-Appellant, v. John O. MARSH, Jr., Secretary of the Army, Defendant-Appellee

This Title, VII action, alleging sexual harassment, was heard with the consent of the parties by Magistrate James B. Hovis, pursuant to 28 U.S.C. § 636 (c)(1) (1988). The action was dismissed for failure to file a timely complaint with the Army and, thus, a failure to exhaust required administrative procedures. The essential issue is whether an October 27, 1988 letter that was timely mailed constituted a sufficient formal complaint to satisfy the regulatory requirements. We reverse, finding that Pamela Stocke’s letter had all the required elements of a formal complaint. Therefore, Stocke complied with the Title VII procedures and is entitled to proceed with her sex discrimination complaint against the Army.

I.

A. Title VII Administrative Procedure

Both parties agree that Stocke’s exclusive remedy as a federal employee challenging discriminatory employment practices in the federal government is Section 717 of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-16 (1982). Brown v. General Serv. Admin., 425 U.S. 820 , 96 S.Ct. 1961 , 48 L.Ed.2d 402 (1976).

Both parties also agree that Title VII administrative procedures were properly followed up to the point of the final…