Retaliation Claim Dismissed for Failure to Exhaust Administrative Remedies

Retaliation Claim Dismissed for Failure to Exhaust Administrative Remedies

The exhaustion of remedies doctrine requires parties to initiate and follow administrative procedures before seeking relief from the courts. The rationale behind the doctrine is that administrative agencies have specialized personnel, experience, and expertise to handle matters that arise under their jurisdiction. Additionally, an administrative complaint puts parties on notice of alleged wrongdoing, and administrative proceedings allow parties to resolve their disputes in a more efficient and less formal manner.

To allege discriminatory employment practices in a deferral state like Virginia, prior to filing any lawsuit, an aggrieved employee must exhaust administrative remedies by initiating an EEOC charge. Otherwise, the claim will be forever barred. The United States District Court for the Western District of Virginia recently addressed the exhaustion of remedies requirement in Kerney v. Mountain States Health Alliance.

Keltie Kerney was the Home Health Director at Norton Community Hospital ("NCH") when she began having medical problems with her eye. She informed NCH that her medical problems would require medical leave and possibly future accommodation in order to continue her employment. NCH granted Kerney medical leave from August 19, 2010 through December 14, 2010 when her physician released her to return to work "with accommodations." Upon her return to work, the hospital terminated Kerney. Kerney claims that the hospital discriminated against her on the basis of her age and disability and that it retaliated against her for her request for medical accommodations. Kerney brought suit against NCH and its owner, Mountain States Health Alliance ("MSHA") under the Age Discrimination in Employment Act of 1967 ("ADEA") and the Americans with Disabilities Act ("ADA").

Read the rest of the article at the Virginia Business Litigation Lawyer blog.

For more information about LexisNexis products and solutions connect with us through our corporate site.