Case: Disability Discrimination/Exhaustion of Remedies (D. Kan.)

A Kansas federal district court granted The Hershey Company’s motion to dismiss Americans with Disabilities Act claims brought by a worker with neuropathy who alleged he was denied rubber mats as an accommodation and subsequently terminated, finding the claims were barred because he failed to exhaust administrative remedies by not filing a charge with the EEOC within the required timeframe, and also dismissed his Fair Labor Standards Act and OSHA retaliation claims for failure to state a claim.

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