Donald Jasch v. John E. Potter, Postmaster General

Donald Jasch (“Jasch”) appeals the district court’s dismissal of his Title VII employment discrimination action. Jasch’s complaint alleged that his failure to be selected for training and advancement within the United States Postal Service (“USPS” or “the agency”) was the result of prohibited discrimination. The district court granted the government’s motion to dismiss, finding that Jasch failed to exhaust administrative remedies when he refused to cooperate with agency requests for an affidavit. We disagree and reverse.

BACKGROUND

In 1999, while a mail handler for the USPS, Jasch sought training for and advancement to a supervisory position. Following the denial of his application, Jasch filed a formal administrative complaint with the Equal Employment Opportunity Commission (“EEOC”), alleging that his failure to be selected was the result of racial, color, gender, age, disability, and retaliatory discrimination.

The USPS recounts the following relevant facts concerning the administrative complaint proceedings: The EEO Counsel- or requested, by letter, an affidavit from Jasch. This request included a warning that failure to respond could lead to a dismissal of Jasch’s…