Deborah L. Jones v. Sumser Retirement Village

OPINION

SILER, Circuit Judge.

Sumser Retirement Village (“Sumser”), defendant, appeals judgment for Deborah Jones, plaintiff, in this Americans with Disabilities Act (“ADA”) claim. Sumser, the employer, asserted that Jones did not administratively exhaust her claim, and, therefore, the district court lacked subject matter jurisdiction. For the reasons discussed below, we REVERSE.

BACKGROUND

Sumser employed Jones as a dietary aide from 1991 until February 7, 1994. Dietary aides at Sumser generally worked in pairs, with one taking responsibility for the kitchen duties, and the other for the dining…