O'Connor v. Northshore International Insurance Services
Opinion of the Court
This court previously affirmed the lower court’s judgment dismissing the instant employment discrimination suit pursuant to Fed.R.Civ.P. 12(b)(6). After this court affirmed, appellant Carolyn E. O’Connor (“O’Connor”) filed a timely petition for a writ of certiorari with the United States Supreme Court. On June 17, 2002, the Supreme Court issued a summary order granting O’Connor’s petition and remanding the matter to this court for further review in light of that Court’s recent decision in Swierkiewicz v. Sorema N.A., 534 U.S. 506, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002). Accordingly, we directed the parties to submit supplemental briefing on the issue of whether Swierkiewicz required a different result here. The parties have briefed the issue, and the matter is now ready for decision.
After a thorough review of the submissions, the record and the Supreme Court’s decision in Swierkiewicz, we again affirm the district court’s dismissal of the Complaint. Swierkiewicz held that a Complaint in an employment discrimination lawsuit need not set out the elements
Likewise, nothing in Swierkiewicz alters this court’s conclusion that to the extent O’Connor attempted to state a claim that she was subjected to a hostile work environment, her claim was legally insufficient. See O’Rourke v. City of Providence, 235 F.3d 713, 728 (1st Cir. 2001). Finally, it remains true that her age and sex discrimination claims were properly dismissed for failure to include them in her administrative charge. See 29 U.S.C. § 626(d); 42 U.S.C. § 2000e-5(f); Lattimore v. Polaroid Corp., 99 F.3d 456, 464 (1st Cir. 1996).
The judgment of the lower court is affirmed. Appellant’s motion to go forward with discovery is denied. Appellant’s motion for reimbursement of filing fee is denied, as not properly directed to this court.
Reference
- Full Case Name
- Carolyn E. O'CONNOR v. NORTHSHORE INTERNATIONAL INSURANCE SERVICES
- Cited By
- 11 cases
- Status
- Published