Nokia sign. Photo: JHVEPhoto/Shutterstock.comNokia Seeks to Dismiss Former In-House Attorney's 3rd Amended Discrimination Complaint
Sharan Rene Boudreau's attorney, Hal Gillespie of Gillespie Sanford in Dallas, said he was surprised Nokia's attorneys filed another motion to dismiss and called the motion "frivolous."
March 11, 2020 at 03:54 PM
3 minute read
Nokia of America Corp. filed a second motion to dismiss the sex and age discrimination claims of a former in-house attorney, arguing again she failed to properly state those claims and that they are untimely.
In July, Sharan Rene Boudreau filed suit against Nokia in the U.S. District Court for the Northern District of Texas, claiming she was passed over for a promotion by a younger and less experienced man. She further claims she was fired for filing a complaint against Nokia with the Equal Employment Opportunity Commission and the Civil Rights Division of the Texas Workforce Commission.
Boudreau is seeking damages for back pay, mental anguish and other compensatory damages. Nokia filed a motion to dismiss in August and U.S. District Judge Ada Brown of the Northern District of Texas denied that motion Feb. 24. Boudreau filed her third amended complaint the same day.
In Monday's motion to dismiss, Nokia's attorneys again argued that Boudreau failed to "timely file a charge of discrimination with the EEOC or the TWC relating to her failure to be promoted." The company further said Boudreau was required to file claims with the EEOC or Texas Workforce Commission no later than June 18, 2018. However, she did not file claims with either commission until Aug. 24, 2018.
Boudreau's criticism of someone who was given a job for a general counsel role over her cannot be the basis for a retaliation claim, Nokia's attorneys said. The motion to dismiss also indicated Boudreau has not shown any evidence that similarly situated male employees were paid more than her.
"As discussed above, dismissal of each of Boudreau's claims is supported by case law, no legal theory that can support these claims, making the defects in Boudreau's claims 'incurable,'" the motion to dismiss for the third amended complaint reads. "Boudreau has already been allowed to amend her Complaint in the face of Nokia's First Motion to Dismiss and has failed to cure the defects with her claims."
Boudreau's attorney, Hal Gillespie of Gillespie Sanford in Dallas, said he was surprised Nokia's attorneys filed another motion to dismiss and called the motion "frivolous." Motions to dismiss "have been implicitly denied by the judge," Gillespie said, adding in an interview that Nokia is slowing the case down.
"This is an important case and we're looking forward to moving on to discovery," Gillespie said.
Nokia is represented by Mark Temple and Paul Knettel of Reed Smith in Houston and Michael Correll of Reed Smith in Dallas. They did not immediately respond to request for comment Wednesday.
"Nokia is aware of the claims and denies all allegations of unlawful conduct; and, as this is an ongoing legal dispute, Nokia does not have further comment," a Nokia spokesperson said in an email to Corporate Counsel on Wednesday.
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