Youells v. Dartmouth Hitchcock

• Court: District Court, D. New Hampshire
• Decided: January 15, 1998
• Docket: CV-97-607-M
• Status: Published

Opinion

Youells v . Dartmouth Hitchcock CV-97-607-M 01/15/98 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Fay Youells

v. Civil N o . 97-607-M

Dartmouth Hitchcock Medical Center

O R D E R

Defendant moves to dismiss plaintiff’s complaint on grounds

that her claim for relief under the Americans with Disabilities

Act (“ADA”), 42 U.S.C. § 12201 et seq., is fatally defective in

that she failed to first file a timely administrative complaint

with New Hampshire Commission on Human Rights or the Equal

Employment Opportunity Commission.

Title I of the ADA has been construed to incorporate the

administrative filing requirements imposed by Title VII of the

Civil Rights Act, 42 U.S.C.A. § 2000e-5. See Moher v . Chemfab

Corp., 959 F.Supp. 70 (D.N.H. 1997). Title VII requires

plaintiffs to exhaust available administrative remedies before

filing suit. See McDonnell Douglas Corp. v . Green, 411 U.S. 792 (1973). Here plaintiff does not deny that she failed to file the

requisite administrative claim and does not argue that she has

complied with Title VII’s exhaustion requirements.

Accordingly, plaintiff’s federal ADA claim is hereby

dismissed. The court declines to exercise supplemental

jurisdiction over plaintiff’s other claims because they are based

solely upon state law, 28 U.S.C. § 1367(c), and hereby remands those state claims to the Grafton County Superior Court. The

clerk shall enter judgment in favor of defendant in accordance

with this order and close the case.

SO ORDERED.

Steven J. McAuliffe United States District Judge

January 1 5 , 1998

cc: Nancy Sue Tierney, Esq. Byry D. Kennedy, Esq. Thomas Royall Smith, Esq.