Santhuff v. United Parcel Service, Inc., et al

Filing 3

ORDER: Plaintiff shall have ten (10) days from the date of this Order to file into the record in this matter a memoranda and supporting evidence showing that Plaintiff has exhausted his administrative remedies before pursuing his claims in this Court. Such evidence should include any Notice of Right to Sue received from the Equal Employment Opportunity Commission related to the claims raised in the Complaint. Signed by Magistrate Judge Erin Wilder-Doomes on 10/27/17. (DCB)

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UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

STEVE SANTHUFF

CIVIL ACTION

VERSUS

NO. 17-1404-JWD-EWD

UNITED PARCEL SERVICE, INC., ET AL.

ORDER
On October 26, 2017, plaintiff Steve Santhuff filed a Complaint and Jury Demand in this
Court against United Parcel Service, Inc. (“UPS”) and Paul Witt (collectively, “Defendants”),
asserting claims under Title VII of the Civil Rights Act (“Title VII”), the Americans with
Disabilities Act (“ADA”), the Fair Labor Standards Act (“FLSA”), as well as state law negligence
claims.1 The Complaint, however, contains no information regarding whether Plaintiff exhausted
his administrative remedies prior to filing this suit.
The Fifth Circuit has held that, “Employment discrimination plaintiffs must exhaust their
administrative remedies before pursuing claims in federal court.” Taylor v. Books A Million, Inc.,
296 F.3d 376, 378–79 (5th Cir. 2002) (quoting Miller v. Stanmore, 636 F.2d 986, 988 (5th Cir.
1981)). “Exhaustion occurs when an individual files a timely complaint with the EEOC and
receives a statutory notice of right to sue.” Taylor, 296 F.3d at 379 (citing Dao v. Auchan
Hypermarket, 96 F.3d 787, 788-899 (5th Cir. 1996)). Further, “Title VII provides that claimants
have ninety days to file a civil action after receipt of such a notice from the EEOC.” Taylor, 296
F.3d at 379 (citing Nilsen v. City of Moss Point, Miss., 674 F.2d 379, 381 (5th Cir. 1982))
(emphasis in original).

1

See, R. Doc. 1.

Additionally, “The ADA incorporates by reference the procedures

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applicable to Title VII, 42 U.S.C. § 2000e, et seq., for making a claim for discrimination on the
basis of disability.” O’Bear v. Glob. Indus. Contractors, LLC, Civ. A. No. 12-0019, 2012 WL
1802432, at *3 (M.D. La. May 16, 2012) (citing 42 U.S.C. § 12117(a)). “Therefore, an employee
must comply with the ADA’s administrative prerequisites prior to commencing an action in federal
court against his employer for violation of the ADA.” O’Bear, 2012 WL 1802432, at *3 (citing
Dao, 96 F.3d at 789).
Accordingly,
IT IS HEREBY ORDERED that Plaintiff shall have ten (10) days from the date of this
Order to file into the record in this matter a memoranda and supporting evidence showing that
Plaintiff has exhausted his administrative remedies before pursuing his claims in this Court. Such
evidence should include any Notice of Right to Sue received from the Equal Employment
Opportunity Commission related to the claims raised in the Complaint.2
Signed in Baton Rouge, Louisiana, on October 27, 2017.

S
ERIN WILDER-DOOMES
UNITED STATES MAGISTRATE JUDGE

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R. Doc. 1.
2