Ellamae Myers-Desco v. Lowe's Hiw, Inc.

MEMORANDUM

EllaMae Myers-Deseo appeals the dismissal of her Title VII and state law discrimination claims for failure to exhaust administrative remedies and the dismissal of her negligent infliction of emotional distress (“NIED”) claim for failure to state a claim. We reverse and remand as to the discrimination claims and affirm the dis missal of the claim for negligent infliction of emotional distress.

Myers-Desco satisfied the two established prerequisites for exhausting administrative remedies prior to initiating a lawsuit for Title VII claims, namely, filing a timely charge and acting upon a notice of right to sue. Alexander v. Gardner-Denver Co., 415 U.S. 36, 47 , 94 S.Ct. 1011 , 39 L.Ed.2d 147 (1974). The Equal Employment Opportunity Commission (“EEOC”) charge was timely, because the date of Myers-Desco’s termination from Lowe’s was within the 300-day window. Despite the failure to expressly delineate her termination as an act of discrimination, her termination is reasonably related to the stated allegations of discrimination in the charge such that an investigation by the Nevada Equal Rights Commission (“NERC”) or the EEOC would have included an investigation of the…