LawWorld417_AB_01

We are working on the Angeles case. He is the custodian who sued Chasing Streams under the ADA based on his termination and failure to accommodate. It's the one where he made a verbal request, but Chasing Streams never addressed it. 

What are our chances on a motion to dismiss? Explain why. Give your reply here. 

I anticipate that Chasing Streams will be successful in its motion to dismiss. 

Under the ADA and its implementing regulations, a plaintiff is required to obtain a "right to sue" letter from the U.S. Equal Employment Opportunity Commission (EEOC) before the plaintiff can file suit. In order to obtain such a letter, the plaintiff must file a charge of discrimination with the EEOC or with a state or local agency. The EEOC (or state/local agency) will then investigate the charge and, upon completion of the investigation, issue a "right to sue" letter.  

Here, the facts state that Angeles was terminated and immediately filed his lawsuit against Chasing Streams. He did not file a charge of discrimination with the EEOC or state/local agency and did not obtain a "right to sue" letter. As such, he failed to exhaust his administrative remedies as required by the ADA and its implementing regulations. Accordingly, Chasing Streams' motion to dismiss should be granted.