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.
