Case: Individual Employment Rights/Intentional Infliction of Emotional Distress (E.D. Tenn.)

A Tennessee federal district court granted the Department of Energy’s motion to dismiss all claims brought by an age-protected training specialist, including intentional infliction of emotional distress, Age Discrimination and Employment Act discrimination, retaliation for filing an EEOC claim, and Freedom of Information Act violations, finding that the tort claim was preempted by the ADEA, the discrimination and retaliation claims failed because the specialist didn’t timely exhaust administrative remedies, and the FOIA claim failed because he had already availed himself of the only available remedy by filing suit.

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