Whitney Burdett v. The University of Utah, et al.

Summary

The court granted in part and denied in part defendants’ motion to dismiss. It dismissed the plaintiff’s ADA and Title VII claims because she did not exhaust administrative remedies by filing a charge with the EEOC, while rejecting the defendants’ Eleventh Amendment immunity argument based on removal. The court declined supplemental jurisdiction over the remaining state-law claims and remanded them to Utah’s Third District Court.

Holdings

1. Defendants waived any otherwise available Eleventh Amendment immunity by removing the action from state court, including with respect to the ADA claim.
2. The ADA and Title VII claims were properly dismissed because Burdett did not exhaust administrative remedies by filing a charge of discrimination with the EEOC.
3. Equitable tolling was not warranted because Burdett did not establish active deception by Defendants and the cited internal-process document disclosed the EEOC as a resource.
4. The court declined to exercise supplemental jurisdiction over the remaining state-law claims and remanded them to Utah's Third District Court.

Questions Presented

1. Whether Defendants waived Eleventh Amendment immunity by removing the action from state court.
2. Whether Burdett's ADA and Title VII claims were subject to dismissal for failure to exhaust administrative remedies.
3. Whether the court should exercise supplemental jurisdiction over the remaining state-law claims after dismissing the federal claims.
4. Whether equitable tolling excused the failure to file an EEOC charge.

Disposition

remanded