Where the pro se plaintiff’s claims were time barred, did not plead a plausible constructive discharge and did not plead facts making her hostile work environment claim plausible, her suit was dismissed.
Kathey Terrell—who briefly worked for UVA Health System as a customer service representative—filed this Title VII, Age Discrimination in Employment Act, or ADEA, and Americans with Disability Act, or ADA, action against her former employer. Rather than paying the $405 filing fee, she moved for leave to proceed in forma pauperis, which the court granted. Given that status, the court will conduct an initial screening of her complaint.
Title VII, the ADEA and the ADA all require proof of an adverse employment action. Here, Terrell alleges she was placed on two days of administrative leave beginning on Sept. 18, 2024. Courts in the Fourth Circuit have held that placement on administrative leave with pay does not constitute an adverse employment action.
However, even if it did, Terrell did not file her EEOC charge until Oct. 17, 2025—
389 days after she was placed on administrative leave. Therefore, any discrimination claim based on this administrative leave is untimely.
Terrell concedes she voluntarily resigned from her employment on May 22, 2025. Generally, a “personal choice” to “voluntarily resign does not constitute an adverse employment action, even if there are pending disciplinary matters.” To overcome this general rule, a...
Russian military command has been lying for the fifth month in a row about battlefield “successes,” claiming that Russian forces are advancing west of Kupiansk in the Kharkiv region. However, this...