Sabella v. Manor Care, Inc.

Sabella worked for Manor Care, Inc. (“Manor”) from 1989 to 1990. Sabella claimed that her supervisor sexually harassed her and retaliated against her rejections by assigning her to less desirable jobs. On February 8, 1990, Sabella filed a grievance with the Equal Employment Opportunity Commission (the “EEOC”), but not with the New Mexico Human Rights Division (the “NMHRD”). While the investigation was pending, Sabella filed a claim for workers’ compensation benefits, claimed injuries such as bruised breast and emotional trauma due to sexual assaults. Sabella and Manor eventually settled the workers’ compensation claim. She signed an agreement that discharged Manor all current and future liabilities under the Workers’ Compensation Act. On August 24, 1993, Sabella received an order of non-determination from the NMHRD. Sabella appealed the order to the trial court. Manor filed a motion to dismiss, claiming that Sabella had not exhausted her administrative remedies as required by the NMHRA. Id. at 902-03. Manor specifically pointed out that Sabella had not filed her grievance with the NMHRD. Id. The trial court granted Manor’s motion to dismiss. Sabella appealed.