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A former management consulting analyst at Accenture is asking a Georgia federal judge to disregard a magistrate judge's recommendation to dismiss their disability claims in a lawsuit against the company. Haley Cole, who identifies as they/them, argued that U.S. Magistrate Judge John K. Larkins III's conclusion that their Americans with Disabilities Act (ADA) claims were "meritless" was flawed.

In a brief filed Thursday, Cole criticized Larkins' report and recommendation, asserting that the second amended complaint sufficiently alleges that the harassment they endured at Accenture led to a severe decline in their mental health, ultimately forcing them to resign. Cole believes the incidents described in their complaint, including persistent harassment by their manager, Lawrence Christopher Young, should qualify as a "continuing violation" under Title VII, thus extending the statute of limitations.

Cole's allegations date back to 2020 when they were assigned to work under Young, who allegedly sent inappropriate and sexually suggestive text messages. The harassment escalated in January 2022, culminating in a video call where Young is said to have pressured Cole into sending explicit photos before engaging in inappropriate behavior.

After reporting the harassment in December 2022, Cole claims they faced retaliation, including discouragement from further discussing the matter and being reassigned to a less prestigious team. Cole’s mental health deteriorated, leading to several leaves of absence before they ultimately resigned in December 2023.

Judge Larkins initially recommended dismissing Cole's lawsuit, citing procedural issues such as claims being outside of the 180-day statute of limitations for Title VII claims. He also suggested that Cole failed to provide sufficient evidence for their hostile work environment and constructive discharge claims.

In a subsequent report released in December, Larkins found the new ADA claims filed by Cole to be without merit, stating that there was no indication that Cole’s disability or request for accommodation played a role in their employment decisions. Cole argued that requesting the ability to discuss their experience with colleagues constituted a reasonable accommodation under the ADA and that their forced resignation was an act of retaliation.

The case, Cole v. Young et al., is ongoing in the U.S. District Court for the Northern District of Georgia. Cole is represented by Frederica Joy White of The White Legal Group LLC, while Accenture is represented by attorneys from Gibson Dunn & Crutcher LLP and Littler Mendelson PC. Young is represented by Jeffrey A. Daxe of Moore Ingram Johnson & Steele LLP.