EEOC Practice

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In Rivera v. Target Corp., 24-CV-6965 (JPO), 2025 WL 1616863 (S.D.N.Y. June 6, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s Americans with Disabilities Act (ADA) discrimination claim, due to the failure to meet the “administrative exhaustion” requirement. From the decision: Rivera’s allegations before the EEOC made no reference to disability discrimination,…

Read More ADA Disability Discrimination Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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A recent decision from the Eighth Circuit, Jackson v. Hennepin Healthcare System, Inc., 134 F.4th 1262 (8th Cir. April 25, 2025), illustrates the perils of waiting to the very end of the statute of limitations to file a complaint. In sum, the plaintiff filed a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission,…

Read More Employment Discrimination Claim Held Untimely, Notwithstanding Claim of a “Computer Glitch” Affecting Electronic Filing
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In Krstovska v. Staunton Financial, Inc., Case No. 24-12903, 2025 WL 1524456 (E.D.Mich. May 27, 2025), the court, inter alia, the court dismissed plaintiff’s claims of hostile work environment and retaliation under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust her administrative remedies. From the decision:…

Read More Title VII Hostile Work Environment Claim Dismissed as Not Administratively Exhausted at the EEOC
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In Moore v. Board of Public Utilities Employees’ Club, Inc., 2025 WL 1000733 (D.Kan. April 3, 2025), the court, inter alia, dismissed plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA), because plaintiff did not “administratively exhaust” that claim at the EEOC. From the decision: Defendant moves to dismiss Plaintiff’s ADEA claims…

Read More ADEA Age Discrimination Claim Dismissed as Not Administratively Exhausted at the EEOC
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In Rowe v. Poplar Grove Operations, LLC, 2025 WL 1184061 (E.D.Ark. April 23, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race discrimination claim asserted under Title VI of the Civil Rights Act of 1964. This decision illustrates the “administrative exhaustion” requirement of Title VII, and the importance of including all pertinent…

Read More Title VII Race Discrimination Claim Dismissed as Not Administratively Exhausted
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In Golubovych v. Saks 5th Avenue, Inc., 1:22-cv-9923-MKV, 2024 WL 4135251 (S.D.N.Y. Sept. 10, 2024), the court, inter alia, dismissed plaintiff’s claim asserted under Title VII of the Civil Rights Act of 1964, on the ground that plaintiff failed to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Saks next argues…

Read More Title VII Claim Dismissed Due to Failure to Exhaust Administrative Remedies
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In Mercer v. ViacomCBS/Paramount, 22 Civ. 6322 (LGS), 2024 WL 3553133 (S.D.N.Y. July 26, 2024), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s claims of retaliation under the Americans with Disabilities Act or Title VII of the Civil Rights Act of 1964, on the ground that she failed to exhaust her administrative remedies…

Read More ADA Retaliation Claim Dismissed as Not Exhausted at the EEOC
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In a recent case, Starks v. Metropolitan Transp. Authority, No. 155317/2022, 2023 WL 8035649, 2023 N.Y. Slip Op. 34133(U) (N.Y. Sup Ct, New York County Nov. 17, 2023), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s race/gender discrimination complaint on the ground that it is barred under the “election of remedies” doctrine of…

Read More Dual-Filing With the EEOC and New York State Agency Did Not Trigger Election of Remedies, Court Holds
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In Weadd v. Thomas, 2023 WL 7385815 (E.D.La. Nov. 8, 2023), the court, inter alia, dismissed plaintiff’s sex discrimination claim, asserted under Title VII of the Civil Rights Act of 1964, due to her failure to exhaust administrative remedies at the U.S. Equal Employment Opportunity Commission. From the decision: Here, Ms. Weadd’s EEOC charge only…

Read More Title VII Sex Discrimination, Hostile Work Environment Claims Held Not Administratively Exhausted Before the EEOC
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In Wilson v. Ciocca Muncy Ho Inc., No. 4:23-CV-00765, 2023 WL 6449425 (M.D.Pa. Oct. 3, 2023), the court, inter alia, held that plaintiff administratively exhausted certain claims, but not others, in her charge filed at the U.S. Equal Employment Opportunity Commission (EEOC). In sum, plaintiff alleges that she experienced sex discrimination (including sexual harassment), racial…

Read More Claims, Including For Sex Discrimination & Hostile Work Environment Sexual Harassment, Were Administratively Exhausted at the EEOC, Court Holds
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