Photo: RistoH/Shutterstock.comNokia Seeks to Dismiss Former In-House Attorney's Sex, Age Discrimination Suit
In the motion to dismiss filed by Reed Smith lawyers on behalf of Nokia, the company says Sharan Rene Boudreau's claims are barred because she did not file her claims with the EEOC and the Texas Workforce Commission within the required time frame.
August 22, 2019 at 02:59 PM
3 minute read
Attorneys for Nokia of America Corp. filed a motion Wednesday to dismiss the suit of a former in-house attorney, arguing her age and sex discrimination claims are untimely and her retaliation claims are unsupported.
Sharan Rene Boudreau filed suit in July against Nokia in the U.S. District Court for the Northern District of Texas claiming age and sex discrimination. She claims she was passed over for a promotion by a man who is younger and less experienced. She further claims she was fired for filing a complaint against Nokia with the Equal Employment Opportunity Commission and with the Civil Rights Division of the Texas Workforce Commission claiming sex and age discrimination. Boudreau is seeking damages for back pay, mental anguish and other compensatory damages.
In the motion to dismiss filed by Nokia lawyers Mark D. Temple of Reed Smith in Houston and Michael A. Correll of Reed Smith in Dallas, the company says Boudreau's claims are barred because she did not file her claims with the EEOC and the Texas Workforce Commission within the required time frame.
"An employee must file a charge of discrimination with the EEOC or TWC within 300 days after the alleged unlawful employment practice occurred," the motion to dismiss states.
Boudreau claimed she was told she was not going to be promoted Aug. 22, 2017. Nokia says in the motion to dismiss that the latest she could file a claim with the EEOC or Texas Workforce Commission would be June 18, 2018. However, she filed her claim against Nokia on Aug. 24, 2018.
"This was 367 days after she was notified on August 22, 2017 that she would not be selected for the GC role and would not get the position even if the selected candidate failed to accept the offer," the motion to dismiss states.
Nokia further argues in the motion that the criticism Boudreau received for questioning someone's qualifications over her own does not support a retaliation claim.
"These claims also fail as a matter of law because Boudreau does not allege that she engaged in any protected activity," the motion states.
Nokia also makes the argument that Boudreau cannot support her gender and age retaliation claims because her termination letter indicated she was fired because she was unable to return to work following the expiration of her short-term disability benefits.
Temple or Correll could not immediately be reached for comment Thursday.
Boudreau is represented by Hal K. Gillespie of Gillespie Sanford in Dallas. Gillespie was not immediately available for comment Thursday.
A spokesperson for Nokia did not immediately respond to a request for comment on the motion to dismiss.
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