LOCKETTE v. COLUMBUS CONSOLIDATED GOVERNMENT
ORDER granting in part and denying in part 7 Motion to Dismiss for Failure to State a Claim. Ordered by US DISTRICT JUDGE CLAY D. LAND on 11/9/2017 (tlf).
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ERIKA J. LOCKETTE,
CASE NO. 4:17-CV-47 (CDL)
O R D E R
Plaintiff Erika Lockette alleges that she is employed by
retaliation pursuant to Title VII of the Civil Rights Act of
1964 (“Title VII”), as amended, 42 U.S.C. § 2000e et seq., and
the Age Discrimination in Employment Act of 1967 (“ADEA”), 29
U.S.C. § 621 et seq.
Defendant seeks dismissal of Plaintiff’s
Complaint, contending that CCG is not Plaintiff’s employer and
that the actions taken against her were taken by employees of
the Juvenile Court of Muscogee County, acting in their capacity
as state officers and not as agents of CCG.
dismissal of Plaintiff’s age discrimination claim because she
never presented that claim to the EEOC and thus has failed to
exhaust her administrative remedies as to that claim.
discrimination and retaliation claims must be denied.
the record may be different at summary judgment, the present
record, which is restricted to the allegations in Plaintiff’s
adverse employment actions were taken against her as an employee
Plaintiff has clearly stated a claim under Title VII,
and CCG’s motion to dismiss her race and retaliation Title VII
claims is denied.
Plaintiff never mentioned an age discrimination claim in
her EEOC charge.
Therefore, the Court finds that she has failed
to exhaust her administrative remedies as to that claim, and it
discrimination and retaliation are reasonably connected to her
(ECF No. 7)
denied in all other respects.
IT IS SO ORDERED, this 9th day of November, 2017.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA
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