Exhaustion of Administrative Remedies

In Surgeon v. Midas Hospitality, LLC, 3:22-cv-115-MOC-DSC, 2022 WL 1697409 (W.D.N.C. May 26, 2022), the court granted defendant’s motion to dismiss plaintiff’s harassment/hostile work environment claims, asserted under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act, due to plaintiff’s failure to exhaust her administrative remedies at the…

Read More Hostile Work Environment Claim Dismissed as Not Administratively Exhausted
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In Robinson v. Department of Vocational Rehabilitation, No. 22-cv-5098 RJB-JRC, 2022 WL 1237671 (W.D. Wash. April 27, 2022), the court adopted a Report & Recommendation to dismiss plaintiff’s race discrimination and sexual harassment claims, asserted under Title VII of the Civil Rights Act of 1964. This decision relates to a crucial procedural element of Title…

Read More Title VII Race Discrimination, Sexual Harassment Claims Dismissed Due to Failure to Exhaust Administrative Remedies
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In Moore v. Louis Dejoy, 18-CV-9967, 2022 WL 1239688 (S.D.N.Y. April 27, 2022), the court dismissed plaintiff’s age-based hostile work environment claim, since plaintiff did not “administratively exhaust” that claim at the U.S. Equal Employment Opportunity Commission. From the decision: Because she did not file a formal complaint regarding alleged improper comments or a hostile…

Read More Hostile Work Environment Claim Not Administratively Exhausted; Dismissed
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A recent case, Davis v. Arcelormittal USA, LLC, 18-cv-318 (N.D. Ind. April 15, 2022), is instructive on the “exhaustion of administrative remedies” principle of federal employment discrimination law. Here (in sum) plaintiff submitted a Charge of Discrimination to the Equal Employment Opportunity Commission (EEOC), in which she asserted of disability discrimination and failure to accommodate disability…

Read More Disability-Based Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at EEOC
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In Chacko v. Office of the New York State Comptroller et al, No. 20-cv-10697, 2021 WL 5605063 (S.D.N.Y. Nov. 30, 2021), the court granted defendants’ partial motion to dismiss based on plaintiff’s failure to “administratively exhaust” her claims before the U.S. Equal Employment Opportunity Commission (EEOC). From the decision: In her EEOC Charge, Plaintiff alleged…

Read More Discrimination Allegations Concerning Additional Actors Dismissed as Beyond EEOC Charge’s Scope
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A recent decision, Klimovitsky v. JG Innovative Industries, Inc. et al, No. 21-cv-755, 2021 WL 5712120 (EDNY Dec. 1, 2021), illustrates the mechanics of asserting an employment discrimination claim under Title VII of the Civil Rights Act of 1964. Here, the court dismisses the case – not on the merits, but rather because plaintiff failed…

Read More Sexual Harassment Plaintiff’s Complaint Dismissed Due to Premature Filing
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In Franklin v. New York City Transit Authority, 18-cv-6436, 2021 WL 4710762 (S.D.N.Y. Oct. 8, 2021), the court dismissed plaintiff’s failure-to-promote claim under Title VII of the Civil Rights Act of 1964, since that claim was not “administratively exhausted.” From the decision: The defendant in this case argues – correctly – that the plaintiff’s claims…

Read More Title VII “Failure to Promote” Claim Dismissed; Failure to Include in EEOC Charge Fatal
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In Wimberly v. automotiveMastermind, Inc., No. 20-2880, 2021 WL 2043623 (SDNY May 21, 2021), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s employment discrimination claims asserted under the Americans with Disabilities Act, 42 U.S.C. §§ 12203 & 12112 (ADA), Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et…

Read More Title VII, ADA, GINA Claims Survive Dismissal on Administrative Exhaustion Grounds
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In Ulinski v. Brotherhood of Railroad Signalmen Local 56, 2020 WL 6940994 (EDNY Nov. 24, 2020), the court, inter alia, dismissed plaintiff’s claim for age discrimination asserted under the Age Discrimination in Employment Act. The specific basis for dismissal was plaintiff’s failure to “exhaust his administrative remedies.” The court explained this obligation, and its relevance…

Read More Federal Age Discrimination Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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In Stathatos v. William Gottlieb Management, 18-cv-03332, 2020 WL 1694366 (E.D.N.Y. April 6, 2020), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging religion-based discrimination asserted under Title VII of the Civil Rights Act of 1964. Initially, the court held that plaintiff’s claim was subject to dismissal based on grounds of untimeliness…

Read More Religious Discrimination Claim Dismissed; No Link Between Allegedly False Charge of Viewing Pornography and Plaintiff’s Religion
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