Case: Disabilities Discrimination/Exhaustion of Remedies (D.D.C.)

A District of Columbia federal court denied Amtrak’s motion to dismiss a conductor’s claim that Amtrak violated the Americans with Disabilities Act when it failed to reinstate her to her former position as a clerk or engage in an interactive process after she could no longer serve as a conductor due to injuries, rejecting the railroad’s argument that she needed to plead administrative exhaustion in her complaint, and instead, finding that exhaustion is an affirmative defense to be put forth by Amtrak.