Rush v. State Arkansas DWS, 120817 FED8, 17-1457

Docket Nº:17-1457
Opinion Judge:PER CURIAM.
Party Name:Emma Rush Plaintiff- Appellant v. State Arkansas DWS Defendant-Appellee
Judge Panel:Before WOLLMAN, BEAM, and SHEPHERD, Circuit Judges.
Case Date:December 08, 2017
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Emma Rush Plaintiff- Appellant


State Arkansas DWS Defendant-Appellee

No. 17-1457

United States Court of Appeals, Eighth Circuit

December 8, 2017

          Submitted: August 7, 2017

         Appeal from United States District Court for the Western District of Arkansas - Ft. Smith

          Before WOLLMAN, BEAM, and SHEPHERD, Circuit Judges.

          PER CURIAM.

         Emma Rush is a 54-year old, African American woman. She worked for the State of Arkansas Department of Workforce Services ("ADWS") as a Workforce Specialist. In November 2015, Rush applied for a promotion as a Program Supervisor. On December 9, 2015, ADWS informed Rush that she did not receive the promotion. Rush alleges she was not promoted because of her sex, race, and age. Rush further asserts that a white male in his 30s received the promotion.

         In June 2016, Rush sent an unverified letter to the EEOC alleging she was discriminated against on December 9, 2015. The EEOC marked the letter as "received" on June 6, 2016. On June 15, the EEOC sent a Notice of Charge of Discrimination to ADWS. On June 21, an investigator with the EEOC sent Rush a letter asking her to call and arrange an interview about the charge. Then, on June 30, the EEOC sent Rush a letter stating it had not received a verified charge of discrimination, and included a copy of the Form 5 Charge for Rush to sign and return. Nonetheless, the next action that occurred was on July 26, 2016, when the EEOC sent Rush a Dismissal and Notice of Suit Rights form. On July 28, Rush mailed a new verified charge of discrimination on EEOC Form 5 via certified mail.

         On October 26, 2016, Rush filed a pro se complaint in district court, alleging sex, race, and age discrimination in violation of Title VII of the Civil Rights Act and the Age Discrimination in Employment Act. In her complaint, Rush alleged she filed a charge with the EEOC on June 6, 2016, and received her Notice of Right to Sue on July 28, 2016. Furthermore, Rush attached to her complaint a copy of the unverified letter to the EEOC, the dismissal, and the notice-of-rights form. ADWS filed a motion to dismiss, and the district court referred the matter to the magistrate judge.

         The magistrate...

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