Court Dismisses Constructive Discharge Claim Asserted for First Time In Complaint for Failure to Exhaust Administrative Remedies

The US District Court for the District of Columbia, in Hudson v. Children's National Medical Center, dismissed a former employee's claim of constructive discharge discrimination on the grounds that plaintiff failed to exhaust his administrative remedies. The employee had exhausted administrative remedies through the EEOC with respect to his claim that he was not selected for a position because of his race, but asserted for the first time in his Complaint in federal court that he was also constructively discharged in violation of Title VII. The Court dismissed the constructive discharge claim and concluded that it was not substantially related to the non-selection claim to find exhaustion of administrative remedies. A copy of the decision can be read here.

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