If you believe your employer discriminated against or harassed you or wrongfully fired you, your reflexive reaction might be to immediately run to the court with a lawsuit in hand yelling “I’m going to sue you!” However, this may cause many problems for employees.
When Do Employees Need to Exhaust Administrative Remedies?
For most federal employment discrimination law claims, the law requires you to first go through an administrative process before suing. This requirement is called administrative exhaustion. It exists to give agencies like the Equal Employment Opportunity Commission (“EEOC”) a chance to investigate and possibly resolve the claim before it goes to court. (Ignore the fact that the EEOC is a purgatory that goes nowhere and does nothing – see The Disappointing Truth About Filing With the EEOC).
But here is where it gets trickier—many states have their own exhaustion requirements, too. For example, in Ohio, employees bringing claims under the Ohio Civil Rights Act must first file a charge with the Ohio Civil Rights Commission (“OCRC”) before suing in court. Just like with the EEOC, missing a deadline or failing to include a specific allegation can completely derail your case. The rules vary from state to state, and skipping this critical step could mean losing your right to sue altogether. This is why working with a knowledgeable employment lawyer is the best way to ensure every necessary procedural requirement is met.
In Palani Karupaiyan v. Experis US Inc., 2025 WL 615179, the plaintiff, Palani Karupaiyan, applied for a job through Experis US Inc., a staffing firm that connected candidates with positions at the New York City Department of Education (DOE). Instead of applying as an individual, Karupaiyan submitted his application. When he was not hired, he filed a lawsuit alleging violations of Title VII of the Civil Rights Act of 1964, Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act of 1967 (“ADEA”), and the Genetic Information Nondiscrimination Act (“GINA”). Prior to filing the lawsuit, Karupaiyan had submitted a charge with the EEOC in April 2018, alleging discrimination based on race/color, color, gender, national origin, religion, age, and disability. However, his charge did not mention genetic information discrimination, and he did not check the corresponding box on the EEOC form. How bad could missing one box mean? Let’s find out.
If you file a lawsuit without exhausting your administrative remedies, the employer will likely ask the court to dismiss your case, and the court will probably grant the request. This is why consulting with an experienced employment law attorney before taking action is critical.
In Karupaiyan, the United States Court of Appeals for the Second Circuit affirmed the dismissal of a GINA claim because the employee did not first file a charge with the EEOC alleging discrimination based on genetic information. The Court held that “Plaintiffs asserting claims under GINA must first file a charge of discrimination with the EEOC” and noted that Karupaiyan’s charge “did not mention discrimination based on genetic information, and Karupaiyan did not check the box on the form for genetic information. Accordingly, Karupaiyan failed to exhaust this claim.”
Best Employment Discrimination Lawyer Blogs on Point:
- EEOC Charge Deadlines Cannot Be Extended – Even By Agreement
- Read This Before Filing An EEOC Charge
- What Is The EEOC Process Really Like?
- How Do I Write A Good EEOC Complaint? Get Help
What Is GINA?
The Genetic Information Nondiscrimination Act (GINA) prohibits employers from using an employee’s genetic information to make employment decisions. This includes hiring, firing, and promotions. Many people do not realize that GINA also follows the same administrative exhaustion rules as Title VII and the ADA, meaning that before filing a lawsuit, an employee must first file a charge with the EEOC.
Examples of GINA violations include an employer refusing to hire someone because their family has a history of cancer, requiring an employee to disclose their genetic test results as a condition of employment, or retaliating against an employee for refusing to provide genetic information. If an employer requests, requires, or uses genetic information to make employment decisions, they are likely violating GINA.
This case highlights the dangers of assuming that all forms of discrimination are handled the same way. If you believe your employer violated GINA, you must explicitly include this in your EEOC charge. Otherwise, you could lose your right to sue.
Best Employee’s Rights Attorney Blogs on Point:
Why Is Representing Yourself in an Employment Case a Bad Idea?
While many employees think they can handle their wrongful termination or employment discrimination claims alone, the reality is that going pro se (representing yourself) is like showing up to a chess tournament while only knowing how to play checkers—it is just not going to work. The Karupaiyan case is a textbook example of how pro se plaintiffs can stumble over crucial legal steps and end up watching their case unravel before it even gets off the ground.
Karupaiyan not only failed to exhaust his GINA claim, but he also misunderstood the law regarding independent contractors and employment relationships. The Second Circuit Court of Appeals held that “Title VII, by its terms, applies only to ‘employees,’” and because Karupaiyan applied as an independent contractor through his consulting company, he was not protected under Title VII, ADA, ADEA, or NYSHRL.
Had he consulted an experienced employment lawyer, he would have known just how easy it is to get tripped up by the EEOC’s tricky process. Filing a charge might seem straightforward, but one missed checkbox or vague wording can mean the difference between moving forward and having your case tossed out. Karupaiyan learned this the hard way when he failed to mention GINA in his EEOC charge and did not check the genetic information discrimination box—an oversight that cost him his claim entirely.
Do not make the same mistakes. A best-in-class employment law attorney can ensure your claims are properly preserved and that you are not blindsided by procedural pitfalls.
Best Wrongful Termination Attorney Blogs on Point:
- EEOC: Another Reason Why Not To Go It Alone
- Why You Need A Lawyer Before Filing With The EEOC
- Title VII And EEOC Deadlines Are Strict And Confusing: Get Attorney Help
What’s the Best Way to Find An Employee’s Rights Lawyer To Sue My Employer?
If you have been wrongfully fired or are facing workplace discrimination, you need a firm that focuses exclusively on protecting employees’ rights. Spitz, The Employee’s Law Firm, is one of the best choices for workers because:
- We are one of the largest firms in the country dedicated to employee rights, meaning we have the resources to fight even the toughest cases.
- We offer a free initial consultation, so you can discuss your case risk-free.
- Our no fee guarantee ensures you do not pay unless we win.
- Our attorneys have vast trial experience and a track record of success.
- We genuinely care about our clients and fight tirelessly to get them justice.
Do not risk losing your case due to a technical mistake. Call Spitz, The Employee’s Law Firm today to speak with an experienced employment law attorney about your rights.
Employment Lawyer Disclaimer
This employee’s rights blog is for informational purposes only and should not be considered legal advice about your job or wrongful termination. If you believe you have been wrongfully fired, subjected to employment discrimination, or have concerns about your employer’s conduct, consult with a qualified employment lawyer for personalized legal guidance. Every case is different, and past results do not guarantee future outcomes. No attorney-client relationship is formed by reading this blog. This blog is a legal advertisement and is intended to provide general information about employment law rights but should not be relied upon as a substitute for legal counsel. If you suspect your employer has violated your rights, document everything and contact an attorney as soon as possible.