Bullington v. Bedford County, No. 17-5647 (6th Cir. 2018)
Annotate this CaseBullington worked as a Bedford County Sheriff’s Department dispatcher for over eight years. During her employment, Bullington had Hodgkin’s Lymphoma, a form of cancer, which she treated with chemotherapy. The chemotherapy caused neuropathy and scar tissue in Bullington’s lungs, so Bullington needed additional treatment. Because of her diagnosis and treatment, Bullington asserts that the Department treated her differently than the other employees. Bullington brought suit, alleging violations of constitutional rights under the Fourteenth Amendment to be free from discrimination and retaliation, that the county violated her constitutional rights by not providing adequate supervision and training, violations of the Tennessee Human Rights Act, and violations of the Americans with Disabilities Act (ADA). The district court rejected her claims on the pleadings. The Sixth Circuit vacated. The district court correctly dismissed Bullington’s ADA claim, which required exhaustion of administrative remedies. Bullington did not file a claim with the EEOC. The court improperly dismissed her claims under 42 U.S.C. 1983. In enacting the ADA, Congress did not intend to abandon the rights and remedies set forth in Fourteenth Amendment equal protection jurisprudence.
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