A federal judge dismissed a South Jersey woman’s employment discrimination lawsuit against Walmart after finding she failed to show she completed required EEOC procedures before filing suit.
CAMDEN, N.J. — A federal judge has dismissed an employment discrimination lawsuit filed against Walmart by a New Jersey woman, ruling that she failed to demonstrate she exhausted required administrative remedies before bringing the case to federal court.
In a June order, U.S. District Judge Karen M. Williams dismissed the complaint filed by Farida Pacheo Capellan without prejudice, meaning she may have an opportunity to amend her filing and continue pursuing the claims.
Key Points
• A federal judge dismissed a discrimination lawsuit filed against Walmart.
• The plaintiff alleged violations of Title VII and the Americans with Disabilities Act.
• The court found the plaintiff failed to show she received a right-to-sue notice from the EEOC before filing the lawsuit.
The case was filed in the U.S. District Court for the District of New Jersey’s Camden Vicinage under the caption Capellan v. Walmart, Civil Action No. 25-16645. According to the court, Capellan alleged employment discrimination under Title VII of the Civil Rights Act and violations of the Americans with Disabilities Act.
Before addressing the merits of those claims, the court reviewed Capellan’s request to proceed without paying court filing fees.
Court Grants Fee Waiver
Judge Williams approved the plaintiff’s application to proceed in forma pauperis after reviewing financial information submitted to the court.
According to the order, Capellan reported receiving $425 per month in public assistance while facing approximately $2,505 in monthly expenses. She also indicated she had no significant liquid assets and was supporting two dependents.
“The Court finding that because Plaintiff’s monthly expenses exceed her income, Plaintiff has demonstrated that she cannot pay the costs of litigation,” the judge wrote in granting the fee waiver request.
EEOC Requirements Not Met
Federal law generally requires employees alleging discrimination under Title VII or the ADA to first file a charge with the Equal Employment Opportunity Commission and obtain a notice of right to sue before filing a lawsuit.
The court cited established precedent stating that a plaintiff must exhaust administrative remedies before pursuing discrimination claims in federal court.
Judge Williams found the complaint did not contain facts showing that Capellan completed that process.
“The Plaintiff’s Complaint does not set forth facts establishing that she has exhausted her administrative remedies,” the court wrote. “Because the Plaintiff fails to establish that she was issued a notice of a right to sue from the EEOC, nor does she produce a copy of such letter, her Complaint must be dismissed.”
Plaintiff Given Chance to Refile
Although the lawsuit was dismissed, the court did not permanently close the case.
Instead, Judge Williams dismissed the complaint without prejudice and granted Capellan 30 days to amend her pleadings to address the deficiencies identified in the court’s opinion. If no amended filing is submitted, the court indicated the case may be closed.
The judge also denied the plaintiff’s motion seeking appointment of pro bono counsel as moot following dismissal of the complaint.
