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Employer Prevails in Discrimination Claims, Court Denies Worker's Motion to Amend Complaint

Strategic Insights

— 1 min read

Cavalier Golf & Yacht Club won a major victory in a discrimination case after a court denied a worker's motion to amend her complaint and granted the employer's motion for summary judgment on all but two claims. Chezmin Suter, a former server at the golf club, alleged that she was discriminated against on the basis of her race, sex, and disability, in addition to claims under the Virginia Whistleblower Protection Law and the Equal Pay Act. However, the court found that Suter failed to provide sufficient evidence to support her claims, and the employer's motion for summary judgment was granted.

Key Takeaways:

  • The court found that Suter's proposed amended complaint failed to plead sufficient facts to demonstrate that she had exhausted her administrative remedies with respect to her Title VII sex discrimination retaliation claim.
  • The proposed amended complaint also failed to allege specific facts to show that Suter could perform the essential functions of her position with or without reasonable accommodation, making it futile to allow her to amend the complaint as to her ADA discrimination claim.
  • The court found that Suter's retaliation claims under the Virginia Whistleblower Act and the VHRA failed due to her inability to show that her supervisor, Tasha Byrum, had knowledge of her protected conduct.
  • The court dismissed Suter's Title VII race discrimination claim because the original complaint failed to allege sufficient facts to support the claim.
  • The only claims that would survive are for sex and race discrimination under the VHRA, as the plaintiff was disciplined for violating company policy.
  • The court found that no reasonable jury could find in Suter's favor on the third element of her VHRA claims, as she failed to submit evidence in opposition to the employer's explanation for the adverse employment action.

Statistics:

  • The case was processed in the Eastern District of Virginia at Norfolk (Case No. 2:24-cv-431).
  • The court's decision was handed down on August 12, 2025.
  • Suter v. Cavalier Golf & Yacht Club involves 19 pages of court proceedings.

Sources:

  • Suter v. Cavalier Golf & Yacht Club, Case No. 2:24-cv-431, Aug. 12, 2025. EDVA at Norfolk (Walker). VLW 025-3-332. 19 pp.
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