Shing v. Wal Mart Corporation

Filing 19

MEMORANDUM. Signed by Chief Judge Catherine C. Blake on 5/6/2016. (c/m 5/6/16 bmhs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
DOREEN SHING
v.
WAL-MART CORPORATION

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: CIVIL NO. CCB-16-322
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MEMORANDUM

Plaintiff Doreen Shing has sued defendant Wal-Mart Corporation alleging a violation of
the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. Ms. Shing, who, according to her
complaint, has cerebral palsy and other medical issues, was hired by Wal-Mart in 2015 but was
terminated from that job less than two months later.
The ADA requires that a plaintiff exhaust administrative remedies by filing a charge of
discrimination with the EEOC before filing suit in court. Snead v. Board of Educ., 815 F. Supp.
2d 889, 894 (D. Md. 2011); 42 U.S.C. § 12117(a). Because Ms. Shing has failed to do so, this
court does not have subject matter jurisdiction to hear her case. Jones v. Calvert Grp., Ltd., 551
F.3d 297, 300–01 (4th Cir. 2009); see also Fox v. Gen. Motors Corp., 247 F.3d 169, 176 (4th
Cir. 2001) (recognizing that “[b]ecause the ADA echoes and expressly refers to Title VII, and
because the two statutes have the same purpose—the prohibition of illegal discrimination in
employment—courts have routinely used Title VII precedent in ADA cases”). Accordingly, the
defendant’s motion to dismiss must be granted.
A separate Order follows.

May 6, 2016
Date

/S/
Catherine C. Blake
United States District Judge