Opinion
No. 00 C 2406
June 28, 2000
MEMORANDUM ORDER
Handyman Online, Inc. ("Handyman") has filed its Answer to the Title VII employment discrimination action brought against it by its ex-employee Jacqueline Blakely (the gravamen of Blakely's Complaint sounds in sexual harassment leading to her claimed constructive discharge). Although Handyman's direct response to the Complaint's allegations is unexceptionable from a pleading perspective, this sua sponte memorandum order is triggered by certain of Handyman's claimed Affirmative Defenses ("ADs"), as to which Handyman's experienced counsel should clearly know better.
First, AD 1 sets out the equivalent of a Fed.R.Civ.P. ("Rule") 12 (b)(6) motion that Blakely "has failed to state a claim upon which relief may be granted." That is truly nonsensical when, as is required for such purposes, Blakely's allegations must be viewed as gospel. Based on those allegations, she is clearly entitled to stay in court under the basic teaching of Hishon v. King Spalding, 467 U.S. 69, 73 (1984).