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Disclaimer:
The Treatise is based upon federal appellate court decisions from 1996
to 2008. We are currently in the process of updating the Treatise. Until
that update is complete, it is possible that certain cases cited in the
Treatise may no longer represent current law.
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6.300
Administrative charge
6.320 Scope of the charge
6.323 "Like or reasonably related"
6.323.20 Disparate treatment claims
6.323.24 Disparate treatment claim not within
scope of hostile work environment claim
8th Circuit
In
Cottrill v. MFA, Inc., 443 F.3d 629, 635 (8th Cir.
2006), the court explained:
Although we will "liberally construe an administrative
charge for exhaustion of remedies purposes, we also recognize that 'there is
a difference between liberally reading a claim which lacks specificity, and
inventing, ex nihilo, a claim which simply was not made.'"
Parisi
v. Boeing Co., 400 F.3d 583, 585 (8th Cir. 2005) (quoting Shannon v. Ford Motor Co., 72 F.3d 678, 685 (8th Cir. 1996)). Because
the hostile work environment claims were not broad enough to encompass
disparate treatment claims, the district court properly dismissed the
disparate treatment claims for failure to exhaust administrative remedies.
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