Where a defendant employer has moved to dismiss 11 of a plaintiff’s 15 claims, the plaintiff’s claims of sex discrimination under Title VII and G.L.c. 151B are subject to dismissal for failure to exhaust administrative remedies, the portion of his Title VII claim asserting retaliation based on his reporting of sex-based discrimination must be dismissed for the same reason, but his remaining claims survive dismissal.
“Plaintiff Festus Samah brings this action against his former employer, defendant Takeda Pharmaceuticals U.S.A., Inc., alleging that it violated state and federal laws by discriminating against him based on his race and sex, subjecting him to a hostile work environment, failing to properly pay him for time worked, and retaliating against him for complaining about these violations. Pending before the Court is Takeda’s partial motion to dismiss eleven of Samah’s fifteen claims. For the reasons that follow, the motion will be granted in part and denied in part.
“The claims of sex discrimination under Title VII and M.G.L.c. 151B will be dismissed for failure to exhaust administrative remedies. The portion of his Title VII claim asserting retaliation based on his reporting of sex-based discrimination will be dismissed for the same reason. Samah’s remaining claims survive dismissal. The Title VII and Chapter 151B claims are timely because Samah plausibly alleges that Takeda constructively discharged him. He also adequately pleads that Takeda discriminated against him...
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