Exhaustion of Administrative Remedies

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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 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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In Parms v. Morgan Truck Body, LLC, Case No. 5:22-cv-2095, 2023 WL 3763578 (N.D. Ohio June 1, 2023), the court held that plaintiff’s EEOC charge sufficiently set forth a claim of sexual harassment and, thus, that that claim was administratively exhausted. The court explained: Generally, a plaintiff cannot bring claims in a lawsuit that were…

Read More Sexual Harassment Claim Administratively Exhausted at the EEOC, Court Rules
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In Dubie v. Buffalo Concrete Accessories, Inc., 21-CV-744-LJV, 2022 WL 17822125 (W.D.N.Y. Dec 20, 2022), the court dismissed plaintiff’s sexual harassment claim as not administratively exhausted at the U.S. Equal Employment Opportunity Commission (EEOC), which is a necessary first step in pursuing a claim under Title VII of the Civil Rights Act of 1964. From…

Read More Sexual Harassment Claim Dismissed as Not Administratively Exhausted
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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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