Exhaustion and EEOC intake errors: Court’s interpretation leads to trial on some claims

In a case from Arizona, the U.S district court granted in part and denied in part an employer’s request for partial summary judgment (dismissal without a trial), offering a useful refresher on exhaustion of administrative remedies and the practical impact of Equal Employment Opportunity Commission (EEOC) intake errors.

Alleged discrimination and wrongful termination

A deaf woman whose primary language is American Sign Language (ASL) alleged that her employer stopped providing interpreters after initially doing so, leaving her effectively excluded from the workplace and ultimately resulting in her wrongful termination. After she was terminated, she contacted the EEOC to file a charge, obtained a right‑to‑sue on the original charge, and later filed an amended charge after retaining counsel. 

Between the original and amended EEOC charges, the former employee filed a civil suit in which she asserted Americans with Disabilities Act (ADA) and Arizona Civil Rights Act claims for discrimination, wrongful termination, failure to accommodate, retaliation, and hostile work environment. As relevant here, the employer asked the court for partial summary judgment on (among other things) exhaustion and timeliness grounds.

Exhaustion of administrative remedies