Trial lawyers specializing in personal injury and civil litigation
Court dismisses national origin discrimination claim but reinstates claim of retaliatory discharge
The Sixth Circuit upheld a lower court's decision that Serge Adamov's ethnic discrimination claim was subject to summary disposition, but reversed the lower court's decision to summarily dismiss Adamov's retaliation claim. It pointed out that while Adamov did not adequately support his claim of discrimination, the lower court improperly assumed that his failure to exhaust his administrative remedies for alleged retaliation was a jurisdictional flaw. The Court noted that under federal precedent, where Congress has failed to make exhaustion of remedies a jurisdictional requirement, the Court will not infer such a requirement.