ELLIOTT GREENLEAF WINS SUMMARY JUDGMENT IN TITLE VII AND ADA EMPLOYMENT CASE
Elliott Greenleaf won summary judgment for its client defeating Plaintiff’s claims of gender discrimination and hostile work environment under Title VII and discrimination and failure to accommodate under the Americans with Disabilities Act (ADA.)
Plaintiff alleged that Elliott Greenleaf’s client, her former employer, discriminated against her on the basis of her gender in violation of Title VII, and violated Title VII by creating a hostile work environment. Plaintiff also alleged that Elliott Greenleaf’s client discriminated against her because of a disability and failed to accommodate her disability in violation of the ADA.
After her employment separation from Elliott Greenleaf’s client, Plaintiff filed a Charge of Discrimination with the PHRC that was dual-filed with the EEOC, wherein she asserted claims of retaliatory discharge and disability discrimination for a specific disorder. After requesting and receiving a right-to sue letter from the EEOC, Plaintiff asserted claims of gender discrimination based upon pregnancy, hostile work environment based upon sexual harassment and disability discrimination for her pregnancy and other medical complaints.
Elliott Greenleaf established that Plaintiff never asserted claims for gender discrimination based upon pregnancy, hostile work environment and disability discrimination in any administrative proceeding and that such claims did not reasonably grow out of the articulated claims. As a result, the Firm further established that Plaintiff was precluded from bringing those claims, because she failed to first exhaust her administrative remedies for these claims.
Elliott Greenleaf’s Eric J. Bronstein and Margaret S. Curran successfully represented the Company in obtaining summary judgment in this significant defense.