U.S. District Court, WDNY
Age Discrimination — Disability
Exhaustion — Pretext
McNamee v. Starbucks Coffee Company
Background: The plaintiff alleged that her former employer discriminated against her and filed numerous claims under the Civil Rights Act, the Age Discrimination in Employment Act, and Americans with Disabilities Act. The defendants moved for summary judgment.
Ruling: The District Court granted the motion. The court found that the plaintiff had failed to exhaust all administrative remedies related to the ADA claims. The plaintiff did file with the EEOC, but in that filing she failed to raise disability discrimination. Further, the court found that the plaintiff could not establish that she suffered an adverse employment action as the denial of a transfer to a lateral position within the company is not such an action. Final, the plaintiff could not show that the reasons for her poor performance reviews were pretextual.
Sharon McNamee, pro se; Margaret A. Clemens of Littler Mendelson for the defendant