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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46764 Magistrate Judge Gorenstein PRO SE plaintiff brought an action pursuant to Title VII of the Civil Rights Act of 1964, among other things, alleging that her former employer, the Department of Veterans Affairs, discriminated against her on the basis of her age and sex and retaliated against her for engaging in protected activities. The court granted the summary judgment motion of defendant secretary of the Veterans Affairs, finding that no genuine issue of material fact remains on the issue of whether plaintiff is entitled to equitable relief from her failure to exhaust available administrative remedies prior to filing suit under Title VII. The court determined that equitable estoppel does not apply because there is no evidence of conduct by the department or any of its employees that caused plaintiff to file this suit defectively. The court added that plaintiff provided no evidence from which a jury could find that any of the adverse treatment was motivated by discrimination on the basis of her age.

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