EEOC Practice

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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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In Bethea v. First-Citizens Bank & Trust Company, 2023 WL 6284425 (D.S.C. Sept. 27, 2023), the court, inter alia, granted the defendant’s motion to dismiss plaintiff’s hostile work environment claim, asserted under Title VII of the Civil Rights Act of 1964, on the ground that it was not “administratively exhausted” at the U.S. Equal Employment…

Read More Title VII Hostile Work Environment Claim Dismissed as Not “Administratively Exhausted” at the EEOC
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In Jenkins v. District of Columbia, No. 17-2730 (TSC), 2023 WL 4183795 (D.D.C. June 26, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s age discrimination claim under the Age Discrimination in Employment Act (ADEA) – for failure to exhaust administrative remedies at the EEOC. The court summarized this requirement as follows: Before…

Read More Age Discrimination Claims Dismissed For Failure to Exhaust Administrative Remedies at the EEOC
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In Roper v. City of Cincinnati, 2023 WL 4466974 (S.D.Ohio July 11, 2023), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s hostile work environment claim, due to plaintiff’s failure to exhaust his administrative remedies as to that claim. From the decision: To bring a hostile work environment claim, a plaintiff needs to point…

Read More Hostile Work Environment Claim Dismissed For Failure to Exhaust Administrative Remedies
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In Hill v. Oak Street Health MSO LLC, 2023 WL 4206065 (E.D.Mich. June 27, 2023), the court, inter alia, dismissed plaintiff’s hostile work environment claim asserted under Title VII of the Civil Rights Act of 1964. This case concerns Title VII’s “administrative exhaustion” requirement, which the court explained as follows: Congress provided the EEOC with…

Read More Title VII Sex-Based Hostile Work Environment Claim Dismissed; EEOC Charge Included Only Claim Based on Discrete Acts
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A recent case, Philippe v. Weckers, 2023 WL 4085880 (D.Md. June 20, 2023), illustrates the “administrative exhaustion” principle that is an integral component of federal employment discrimination law. Here, plaintiff did not take the necessary first step of filing a discrimination complaint with the EEOC, warranting dismissal: As an initial matter, the complaint and the…

Read More Failure to File EEOC Charge Dooms Discrimination Claims
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