Where a former FedEx employee filed a charge of discrimination with the Virginia Office of Civil Rights, but failed to file a charge with the Equal Employment Opportunity Commission, his federal claims were dismissed because they were not exhausted.
Background
This is an employment discrimination and Americans with Disabilities Act, or ADA, action brought by Adam C. Erwin against FedEx Freight Inc. The complaint asserts that FedEx violated the Civil Rights Act of 1964 “by discriminating against a veteran’s use of bereavement leave and by making the act of military veterans speaking to one another misconduct.”
The complaint also asserts that FedEx violated the ADA “by denying [plaintiff] employment on second shift[,] which … was necessary for [him] to attend medical appointments ….” The matter is before the court on defendant’s motion to dismiss.
Civil Rights Act
Plaintiff fails to state a claim under the Civil Rights Act of 1964, or CRA, because veterans are not a protected class under the provisions of that law. Moreover, even if plaintiff’s veteran status did entitle him to certain protections under the CRA, his claim concerning bereavement leave would fail for lack of standing, given that plaintiff’s submissions clearly indicate that it was another FedEx employee, not plaintiff, who requested and was reportedly denied time off for bereavement leave.
And plaintiff’s allegation that FedEx made it “misconduct” for veterans to speak to one another is simply not supported by...
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