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Tag Archives: Administrative Remedies

Labor & Employment – Disability Discrimination – Administrative Remedies – Exhaustion – Wheelchair (access required)

Sydnor v. Fairfax County, Va. A public health nurse who said her employer violated the Americans with Disabilities Act by not allowing her to use a wheelchair for her restrictions after foot surgery gets another chance to try her case, as the 4th Circuit says the district court erred in saying she had not exhausted her administrative remedies by mentioning light duty work but not a wheelchair in her EEOC complaint.

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Insurance – Health – ERISA – Federal Employee – Administrative Remedies (access required)

Lominick v. Michelin Tire Where plaintiff alleges that the defendant health care plans mistakenly refused to pay her late husband’s health care expenses, plaintiff must exhaust her administrative remedies before filing suit. Defendants’ motions to dismiss and for summary judgment are granted without prejudice to plaintiff’s right to pursue any available administrative remedies.

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Labor & Employment – Public Employees – Retirement — Administrative Remedies – Inapplicable – Constitutional – Due Process – Property Interest (access required)

Grimsley v. South Carolina Law Enforcement Division Since plaintiffs’ disagreement is with the S.C. Law Enforcement Division and not with its retirement system, the Retirement Act does not apply, and plaintiffs were not required to exhaust any administrative remedies before filing suit. Furthermore, plaintiffs have sufficiently alleged a property interest in the percentage of their salary that was deducted to pay the defendant-employer’s share of plaintiffs’ retirement system contribution.

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