Gardner v. Shulkin

In this employment discrimination case, the court will not dismiss the plaintiff’s claim for discrimination based on “color” even though her EEOC charge cited only sex, race, and disability discrimination.

During the administrative investigation, the plaintiff frequently cited her dark skin color as a causal or relevant factor in discrimination she alleged. Thus, her “color” and “race” allegations are intertwined, and the defendant was on notice that skin color was part of her claim.

Motion to dismiss denied.

Gardner v. Shulkin, No. 3:18cv98, Mar. 19, 2019. EDVA at Richmond (Gibney).

Categories: Opinions, U.S. District Court - Eastern District of Virginia

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