Culpepper v. Schafer, No. 07-3824
In this disability discrimination and retaliation case, plaintiff sent two letters to the Director of the USDA’s Office of Civil Rights alleging that the USDA, her employer, had violated federal laws and stating that “this [is] my official contact to begin the process.” Under 29 C.F.R. 1614.105(a), an employee must initiate contact with an EEO counselor. This contact, however, can be with “an agency official logically connected to the EEO process” if the employee exhibits an intent to begin the EEO process. The Eighth Circuit held that (1) the Director of the USDA’s Office of Civil Rights is logically connected to the EEO process and (2) her letters were sufficient to put the USDA on notice that she intended to begin the EEO process.
