Frostie Ellis-Yancey v. Midwest Block & Brick/Quikrete Company

Summary

On initial review of a self-represented plaintiff’s in forma pauperis employment-discrimination complaint, the court dismissed her Title VII claims based on race, color, and gender because those claims were not administratively exhausted. The court found a plausible claim under the Age Discrimination in Employment Act and directed service on the defendant.

Holdings

1. The complaint stated a plausible claim against the employer for age discrimination under the ADEA, and the court directed service on the defendant as to that claim.
2. The plaintiff's Title VII claims based on race, color, and gender were dismissed because she did not administratively exhaust those claims.
3. Because the plaintiff proceeded in forma pauperis, the court was required to conduct pre-service review and dismiss claims that were frivolous, malicious, or failed to state a claim.

Questions Presented

1. Whether the complaint stated a plausible claim for age discrimination under the Age Discrimination in Employment Act.
2. Whether the plaintiff exhausted administrative remedies for Title VII claims alleging discrimination based on race, color, and gender.
3. Whether the complaint should be dismissed in part during mandatory initial review under 28 U.S.C. § 1915(e)(2)(B).

Disposition

other