In March of 2013, the United States District Court for the Western District of Kentucky heard a case that involved a Kentucky ADA and ADEA discrimination case out of the Bowling Green Division. (See Bogle v. Franklin, 2013 WL 1310753 (W.D. Ky. 2013)). The Defendant filed a motion for partial dismissal and partial judgment on the pleadings. The Court granted the motion for partial judgment on the pleadings for the following reasons.
In this Kentucky ADA and ADEA discrimination case, the plaintiff had worked for the defendant for about forty years. In early 2012, the plaintiff applied and interviewed for a new position but was not chosen and the job was given to another of defendant’s employees. The plaintiff hired a Kentucky ADA and ADEA discrimination lawyer and filed his discrimination lawsuit in November of 2012.
The defendant in this Kentucky ADA and ADEA discrimination case wanted the court to dismiss the plaintiff’s Intentional Infliction of Emotional Distress (IIED) claim on the basis that the IIED claim is subsumed by his claim under the Kentucky Civil Rights Act (KCRA). The tort of IIED serves as a gap filler to provide a remedy when other means of redress are unavailable. Id. In the case at hand the defendant argues that because the alleged emotional distress is available under the KCRA he cannot maintain his IIED claim. Id. The court agreed with this. “Kentucky courts have consistently held that where a plaintiff pursues relief under the Kentucky Civil Rights Act, a claim of IIED based on the same employer conduct is barred.” (cites omitted). So, the claim filed by his Kentucky ADA and ADEA discrimination lawyer for IIED was dismissed.
If you have been the subject of a Kentucky ADA and ADEA discrimination case, please call and speak to a Kentucky ADA and ADEA discrimination lawyer at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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