Williams v. Milwaukee Health Services, Inc.

Dist. Ct. erred in dismissing plaintiff’s Rehabilitation Act action, alleging that defendant terminated her from her dental assistant position on account of her disability, where basis of dismissal was Dist. Ct.’s belief that dismissal was required because plaintiff had not exhausted her administrative remedies under said Act. Plaintiff was not required to exhaust any administrative remedies provided in Rehabilitation Act prior to filing instant lawsuit. Record, though, also showed that state court had dismissed plaintiff’s three similar lawsuits against defendant, such that, on remand, Dist. Ct. should consider any preclusive effect of said dismissals on instant lawsuit.