Pollard v. Holwerda

Summary

The United States District Court for the Northern District of Indiana dismissed Bernard Pollard’s claims against Creative Coatings CEO Bruce Holwerda arising from Pollard’s termination. The court dismissed the Title VII sex-discrimination and related “unfair practice” claims without prejudice for failure to exhaust administrative remedies, and dismissed the obstruction-of-justice claim with prejudice because no civil cause of action existed. The court declined supplemental jurisdiction over the state-law wrongful-termination claim and dismissed it without prejudice to refiling in state court.

Holdings

1. Pollard's sex discrimination claim is dismissed without prejudice because he failed to exhaust administrative remedies by filing an EEOC charge before filing suit.
2. Pollard's obstruction of justice claim is dismissed with prejudice because there is no civil cause of action for obstruction of justice.
3. The court declines to exercise supplemental jurisdiction over the state-law wrongful termination claim and dismisses it without prejudice to refiling in state court.
4. Pollard's 'unfair practice' claim is dismissed without prejudice for the same reason as his sex discrimination claim—failure to exhaust administrative remedies.

Questions Presented

1. Whether Title VII sex discrimination claim should be dismissed for failure to exhaust administrative remedies
2. Whether obstruction of justice claim states a civil cause of action
3. Whether wrongful termination state-law claim should be dismissed when all federal claims are dismissed
4. Whether 'unfair practice' claim is barred by failure to exhaust

Disposition

dismissed