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Employer-Employee: Sex Discrimination-Hostile Work Environment-Failure to Exhaust Administrative Remedies
Staff Report//May 7, 2026//
Employer-Employee: Sex Discrimination-Hostile Work Environment-Failure to Exhaust Administrative Remedies
Staff Report//May 7, 2026//
Defendant moved to dismiss plaintiff’s complaint for failure to exhaust administrative remedies. Plaintiff alleged that defendant’s owner sexually harassed the charging party, failed to pay her the same as a similarly situated male manager and wrongfully terminated her. Plaintiff found reasonable cause to believe defendant had violated Title VII and invited defendant to participate in conciliation, which failed to culminate in an acceptable agreement. However, defendant argued that the charging party failed to file a timely charge.
Where the complaint alleged that the charging party met all the statutory requirements to assert Title VII claims, defendant bore the burden to prove a failure to exhaust administrative remedies where the complaint adequately alleged harassing and discriminatory conduct.
Defendant’s motion to dismiss denied.
Equal Employment Opportunity Commission v. Miller’s Grill, Inc. (MLW No. 84697/Case No. 4:25-CV-907 PLC – 9 pages) (U.S. District Court, Eastern District of Missouri, Cohen, J.)
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