Opinion

Haley Cole v. Lawrence Young

Court
Court of Appeals for the Eleventh Circuit
Filed
Aug 3, 2026
Status
Unpublished
Nature of suit
NEW
Cited by
0 cases
Authority
More cited than 42.0%

The opinion

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 1 of 36

NOT FOR PUBLICATION

In the

United States Court of Appeals

For the Eleventh Circuit

____________________

No. 25-11875

Non-Argument Calendar

____________________

HALEY COLE,

Plaintiff-Appellant,

versus

LAWRENCE CHRISTOPHER YOUNG,

ELLYN SHOOK,

RYAN OAKES,

in their individual and professional capacities,

ACCENTURE, LLP,

Defendants-Appellees.

____________________

Appeal from the United States District Court

for the Northern District of Georgia

D.C. Docket No. 1:24-cv-01897-MHC

____________________

Before BRANCH, LUCK, and LAGOA, Circuit Judges.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 2 of 36

2 Opinion of the Court 25-11875

PER CURIAM:

Haley Cole appeals the district court’s order dismissing

Cole’s first amended complaint bringing employment-related

claims against Accenture, LLP (“Accenture”), former Accenture

employee Lawrence Young, and Accenture executives Ellyn Shook

and Ryan Oakes, and denying leave to file a second amended

complaint. Cole presses five arguments on appeal, contending that

the district court erred in: (1) dismissing the claims against Shook

and Oakes for lack of personal jurisdiction without allowing

jurisdictional discovery; (2) dismissing the claims under Title VII

of the Civil Rights Act of 1964 (“Title VII”) for failure to timely

exhaust administrative remedies; (3) dismissing the constructive

discharge claim for failure to state a claim; (4) denying leave to file

a second amended complaint adding claims under the Americans

with Disabilities Act (“ADA”) after finding that the proposed

amendment was futile; and (5) declining to exercise supplemental

jurisdiction over state-law claims. We address each of these

arguments in turn. After careful review, we affirm the district

court’s decision.

I. Background

A. Cole’s Allegations

Cole, a Georgia resident, was an employee at Accenture

from May 2016 until Cole resigned on December 21, 2023. 1 Cole

1 To evaluate the district court’s grant of the motion to dismiss, we accept the

facts in the first amended complaint as true and construe them in the light

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 3 of 36

25-11875 Opinion of the Court 3

primarily worked remotely from home unless there was a need to

meet colleagues in person. According to the complaint, Cole is “an

autistic, non-binary individual who was assigned female at birth.”

During Cole’s tenure at Accenture, “Cole received several

promotions, raises, and bonuses due to . . . superior work

performance.” In January 2020, Cole began reporting to Young as

Cole’s direct supervisor and career counselor. Young’s

responsibilities in this role including “guiding . . . Cole’s career

progression” and recommending “promotion[s], salary increases,

performance bonuses, and other professional development

opportunities.” The working relationship between the two meant

they were “in constant communication . . . on an almost daily

basis.” Young developed a “special and personal relationship,” with

Cole, frequently alluding to a “continued life partnership” between

the two.

Young developed and frequently used pet names for Cole

between December 2020 and January 2023, including “Doodle

Bug” and “Little Sister.” Over time, Young’s text messages to Cole

not only increased in volume but became “increasingly personal

and sexual in nature” and included sexually explicit discussion of

Young’s new romantic partner. Following a Thanksgiving

gathering at Young’s house in November 2021, Young

“inappropriately inquired whether . . . Cole was clothed or

unclothed during a sensory deprivation session for anxiety relief.”

most favorable to Cole. See Doe ex rel. Doe #6 v. Swearingen, 51 F.4th 1295, 1302

(11th Cir. 2022).

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 4 of 36

4 Opinion of the Court 25-11875

On January 1, 2022, Young sent Cole roughly 162 text

messages. After hours of messages that turned sexual in nature,

Young sent Cole “more than a dozen pornographic images of

himself ” and provided graphic descriptions of his sexual activity

and genitalia. Young asked Cole to send him images in return.

Cole initially rebuffed Young’s requests, which led Young to call

Cole a “tease” who was “rude” for making him “be patient.” Cole,

fearing potential career repercussions, eventually relented. Young’s

messages turned to descriptions of Cole’s genitalia and included

telling Cole that Young wanted to “put his seed” in Cole and

inquiring as to Cole’s preferred sexual positions. Young invited

Cole to his house to engage in sex, but Cole refused.

Young then video called Cole. When Cole answered the call,

Young exposed his penis and began masturbating to the images

Cole had sent him. During this call, Young “forced” Cole to expose

Cole’s genitals to Young while Young continued masturbating and

eventually ejaculated. At no point had Cole welcomed Young’s

sexual advances or have any desire to engage in a romantic or

sexual relationship with Young.

Following the January 1, 2022, incident, Young continued

“the same inappropriate sexual harassment” while managing

Cole’s career and day-to-day work projects, including attempts to

pressure Cole to come over to his house and forcibly hugging Cole

without permission in June 2022. From February 2022 through

“the entire summer of 2022,” Cole began experiencing suicidal

ideations, depression, panic attacks, uncontrollable periods of

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 5 of 36

25-11875 Opinion of the Court 5

crying, fear, and anxiety, feelings of guilt, shame, and

embarrassment, and an overall decline in mental health linked to

daily interactions with Young. Doctors diagnosed Cole with

“major depression, anxiety, OCD, and ADHD” in March 2022, and

each day Cole continued to work with Young “inflicted additional

and compounding trauma.” Cole also “developed symptoms of

PTSD.”

Cole’s declining mental health led to taking time off from

work, including a Family and Medical Leave Act (FMLA) leave of

absence in April 2022 and short-term disability leave in May 2022.

In August 2022, Cole underwent a partial hospitalization program

to treat major depression, gender dysphoria, and suicidal ideations.

Cole transferred to a sober living program in November 2022. And

by December 2022, Cole’s mental and physical health deteriorated

so severely that doctors diagnosed Cole with anorexia nervosa and

began treating the eating disorder.

Even though Cole was on leave in December 2022, Young

informed Cole that Cole would receive a bonus and a raise. Cole

reported Young’s prior conduct to Accenture on December 2, 2022,

and then met with representatives from Accenture on December

5, 2022, to provide more information. Cole remained on paid leave

until after the investigation concluded. The representatives also

instructed Cole not to discuss Young’s conduct with coworkers at

Accenture. Shook was involved in the investigation as a member

of Accenture’s executive team.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 6 of 36

6 Opinion of the Court 25-11875

On January 10, 2023, Accenture informed Cole that

Accenture would no longer employ Young and advised that Cole

could return to work on January 18, 2023, after Young departed.

On January 19, 2023, the day after Cole returned to work, a senior

Accenture employee e-mailed Cole’s group to announce that

Young had “decided to pursue his passion outside of Accenture”

and that Accenture would “always appreciate [Young’s] personal

style and passion for public service,” which was an effort to

“protect . . . Young’s reputation and character, despite [h]is sexual

misconduct” while continuing to prevent Cole from discussing the

matter with colleagues. Cole viewed this action as “silencing

behavior.”

Cole discovered upon returning to work that Accenture had

assigned Cole to a new team with a female supervisor, and that

Oakes, a close friend of Young’s, was now Cole’s career counselor.

The new team had “little to no direct client contact” and Cole

viewed it as “an inferior team.” Cole believed that Oakes was at

least one of the decisionmakers involved in the transfer decision.

Cole struggled to transition back to work, reaching a “breaking

point” on January 31, 2023, that resulted in Cole taking several days

off. In February 2023, Cole asked Accenture whether Cole could

disclose Young’s conduct to the new supervisor but was told in

March 2023 not to do so.

By May 5, 2023, Cole’s mental health team considered

whether admission to an intensive outpatient eating disorder

program was necessary to protect Cole’s life. Cole’s last work

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 7 of 36

25-11875 Opinion of the Court 7

assignment submission before going back on medical leave

occurred on May 16, 2023. Cole took another leave of absence on

May 31, 2023; unable to work, Cole submitted a worker’s

compensation claim on June 15, 2023. Accenture denied the claim

because its worker’s compensation did not cover harassment or

mental illness. Cole appealed a previous denial for long-term

disability on June 23, 2023, which was granted on September 18,

2023.

While still on leave, Cole e-mailed Accenture on October 31,

2023, informing Accenture of Cole’s intention to report Young to

the State of Georgia for sexual misconduct and seeking a transfer

back to Cole’s previous team. Cole also again sought permission

to discuss Young’s conduct with coworkers. Accenture

representatives responded on November 14, 2023, and explained

that Cole could tell coworkers about Young’s conduct if required

but questioned whether such conversations were necessary.

Despite approval for long-term disability through November 2024,

Cole “reached a breaking point” on December 21, 2023, and e-

mailed Shook and Oakes to “resign from Accenture under duress.”2

The resignation e-mail cited Young’s prior “grooming and

sexual harassment”—and the resulting mental effects—as the

reason for Cole’s resignation, as well as the Accenture

representative’s instructions to Cole to avoid disclosing the

2 Cole attached the e-mail to the complaint and referenced it in the complaint.

Thus, we may properly consider it at the motion-to-dismiss stage. See

Grossman v. Nationsbank, N.A., 225 F.3d 1228, 1231 (11th Cir. 2000).

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 8 of 36

8 Opinion of the Court 25-11875

harassment to colleagues. The e-mail also noted that, after

Accenture told Cole not to disclose Young’s conduct, Cole had

“asked to be transferred to another team” because Cole could not

imagine being unable to tell colleagues what Young had done. But

upon returning to work in January 2023 and attempting to adjust

to the new team and new work, “it became obvious that separating

[Cole] from [Cole’s] team of 7-years was never a viable long-term

solution.” Cole expressed unhappiness with the way Accenture

had handled things and a need to resign as a result.

B. Cole’s Litigation

On December 29, 2023, Cole filed a discrimination charge

against Accenture with the Equal Employment Opportunity

Commission (“EEOC”) alleging violations of Title VII and the

ADA based on sex, “gender identity and sexual orientation,”

retaliation, and disability. On March 21, 2024, the EEOC issued a

Notice of Right to Sue.

Cole then sued Accenture, and Young, Shook, and Oakes in

their individual capacities, on April 30, 2024, and filed a first

amended complaint on May 2, 2024. Among the ten causes of

action were alleged violations of Title VII for gender

discrimination, sexual harassment, and hostile work environment,

as well as a constructive discharge claim for the defendants creating

an environment “so intolerable that a reasonable person would

have felt compelled to resign.” Cole further alleged that Accenture,

Oakes, and Shook violated Title VII by retaliating after Cole filed a

harassment complaint against Young. The complaint also included

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 9 of 36

25-11875 Opinion of the Court 9

five state-law claims for battery, invasion of privacy, intentional

infliction of emotional distress, negligent infliction of emotional

distress, and negligent retention.

Accenture, Shook, Oakes, and Young moved to dismiss the

first amended complaint because the complaint failed to state a

claim, many of the claims were untimely, and the court lacked

personal jurisdiction over Shook and Oakes. In support of their

jurisdictional argument, Shook and Oakes attached sworn

declarations to their motion explaining that they were New York

and Connecticut residents, respectively, with limited to no

connection to Georgia. Cole responded, arguing that Shook and

Oakes directed actions toward Georgia and caused damages in

Georgia.

The magistrate judge recommended granting the motions

in part. As to Shook and Oakes, the magistrate judge

recommended dismissing them as defendants for lack of personal

jurisdiction as neither were Georgia residents, committed tortious

acts in Georgia, or could reasonably expect to be haled into court

in Georgia. As to the Title VII claims against Young, the magistrate

judge recommended their dismissal as Title VII does not allow for

individual liability. 3 The magistrate judge also recommended

3 In its final order dismissing the complaint, the district court noted that Cole

had conceded Title VII does not provide individual liability against other

employees or supervisors. Thus, even if the court did have personal

jurisdiction over Shook and Oakes, the Title VII claims against them would

fail for the same reason.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 10 of 36

10 Opinion of the Court 25-11875

dismissing the gender discrimination, hostile work environment,

and retaliation claims as untimely because the alleged conduct

occurred more than 180 days before the EEOC filing and Cole had

not shown a basis for equitable tolling or that the continuing

violation doctrine applied. The magistrate judge next concluded

that the Title VII constructive discharge claim, while timely, failed

to state a claim because the complaint had not pleaded

circumstances that would have compelled a reasonable person to

resign. Finally, having recommended dismissal of all the federal

claims, the magistrate judge recommended dismissal without

prejudice of the remaining state court claims.

Cole filed objections to the magistrate judge’s first report

and recommendation (“R&R”). Part of these objections included

a request for jurisdictional discovery as to Shook’s and Oakes’s

contacts with Georgia. Cole simultaneously moved for leave to file

a second amended complaint to add Accenture PLC as a party, add

claims against Accenture LLP and PLC under the ADA, and

voluntarily dismiss Cole’s Title VII claims against Young, Shook,

and Oakes.4 In the proposed second amended complaint, Cole

largely relied on the same facts but limited the Title VII claims to

Accenture only. As for the ADA claims against Accenture, the

second amended complaint alleged that Accenture, Oakes, and

Shook “repeatedly refused to accommodate [Cole’s]

4 We refer to Accenture LLP and PLC together as Accenture.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 11 of 36

25-11875 Opinion of the Court 11

accommodation requests” 5 and instead “subjected [Cole] to . . .

disparate treatment, retaliation, and a hostile work environment

due to [Cole’s] mental health disabilities.

The magistrate judge considered the proposed amended

complaint and issued a second R&R, recommending that the

district court deny leave to amend because amendment would be

futile. Specifically, the amendment would not cure the personal

jurisdiction problems as to Shook or Oakes, nor could Cole cure

the time-barred nature of the Title VII gender discrimination,

hostile work environment, and retaliation claims, or adequately

plead constructive discharge. The new ADA claims were (A) time-

barred as they fell outside the statutory limitations period, (B) did

not relate back to the original complaint, and (C) even setting aside

these procedural problems, they failed to state a claim.

Cole filed objections to the second R&R. The district court

entered an order overruling the objections to both the first and

second R&Rs. It found that the court did not have personal

jurisdiction over Shook and Oakes and that Cole failed to diligently

pursue the jurisdictional discovery request by raising it for the first

time in the objections to the first R&R, despite having ample

opportunities to make the request earlier. The court next

concluded that Title VII did not allow for liability against

individuals, and that the gender discrimination, hostile work

5 Cole’s accommodation requests included (1) a request to transfer back to

Cole’s old team, and (2) a request to disclose to colleagues Young’s conduct

and its effects on Cole.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 12 of 36

12 Opinion of the Court 25-11875

environment, and retaliation claims under Title VII were clearly

untimely and that the continuing violation doctrine did not apply.

As to constructive discharge, the court found that Cole failed to

state a claim upon which the court could grant relief because the

conditions alleged did not plausibly show a situation so intolerable

that a reasonable person would have felt compelled to resign. As

to the motion for leave to amend the complaint, the court found

that the proposed second amended complaint would not cure the

deficiencies in the first amended complaint as to the Title VII

claims it retained. And as for the new ADA claims, the court found

they would be futile because the allegations failed to state a claim

for failure to accommodate, disparate treatment, retaliation,

hostile work environment, or constructive discharge under the

ADA. Accordingly, the court granted the motions to dismiss,

dismissed the claims against Shook and Oakes without prejudice

for lack of personal jurisdiction, dismissed the Title VII claims with

prejudice, and declined to exercise supplemental jurisdiction over

the state-law claims and dismissed them without prejudice. It also

denied the motion for leave to file a second amended complaint.

Cole moved for reconsideration, which the court denied,

and then timely appealed.

II. Discussion

Cole raises five issues on appeal: (1) the district court should

not have dismissed the claims against Shook and Oakes for lack of

personal jurisdiction without allowing jurisdictional discovery;

(2) the district court should not have dismissed the Title VII

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 13 of 36

25-11875 Opinion of the Court 13

complaints as time barred; (3) the district court should not have

dismissed the constructive discharge claim for failure to state a

claim; (4) the district court erred in finding the proposed ADA

claims would be futile and denying leave to file the second

amended complaint; and (5) the district court should have

exercised supplemental jurisdiction over the state-law claims. We

address each issue in turn.6

A. Personal Jurisdiction

Cole argues that the court had personal jurisdiction over

Shook and Oakes because the two defendants directed Cole’s work

assignments in Georgia, participated in personnel decisions

affecting Cole’s employment in Georgia, and caused harm to Cole

in Georgia. Cole further argues that any factual dispute about

6 Cole also raises perfunctory challenges to the district court’s denial of post-

judgment relief, “cumulative errors” that resulted in a violation of Cole’s due

process rights, and whether the district court’s entering of final judgment on

the merits of the ADA claims “impos[ed] unwarranted res judicata

consequences.” The initial brief listed these issues in the statement of the

issues, but did not further explain the issues in the argument section of the

initial brief. Instead, Cole attempted to develop the issues for the first time in

the reply brief. An appellant who fails to raise a claim plainly and prominently

in their opening brief by, for example, devoting a discrete section of their

argument to the claim, abandons it on appeal. Sapuppo v. Allstate Floridian Ins.

Co., 739 F.3d 678, 681 (11th Cir. 2014). We generally will not consider an issue

raised for the first time in a reply brief. Berry v. Crestwood Healthcare LP, 84

F.4th 1300, 1313 (11th Cir. 2023). Thus, we decline to address these issues.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 14 of 36

14 Opinion of the Court 25-11875

Shook’s and Oakes’s supervisory authority should have led the

court to allow jurisdictional discovery.

“We review de novo whether the district court had personal

jurisdiction over a nonresident defendant.” Louis Vuitton Malletier,

S.A. v. Mosseri, 736 F.3d 1339, 1350 (11th Cir. 2013). “In doing so,

we accept as true the allegations in the complaint” and review the

district court’s jurisdictional factfinding for clear error. Id. We

review a district court’s denial, grant, or limitation of a motion for

discovery for an abuse of discretion. United Techs. Corp. v. Mazer,

556 F.3d 1260, 1280 (11th Cir. 2009).

“A plaintiff seeking the exercise of personal jurisdiction over

a nonresident defendant bears the initial burden of alleging in the

complaint sufficient facts to make out a prima facie case of

jurisdiction.” Id. at 1274. “Where . . . the defendant challenges

jurisdiction by submitting affidavit evidence in support of its

position, the burden traditionally shifts back to the plaintiff to

produce evidence supporting jurisdiction.” Id. (quotation

omitted).

Analyzing “whether personal jurisdiction exists requires a

two-step inquiry.” Mut. Serv. Ins. Co. v. Frit Indus., Inc., 358 F.3d

1312, 1319 (11th Cir. 2004). First, we consider whether the exercise

of jurisdiction over the nonresident defendant is consistent with

the forum state’s long-arm statute. Id. If so, “we examine whether

the exercise of personal jurisdiction over the defendant would

violate the Due Process Clause . . . , which requires that the

defendant have minimum contacts with the forum state and that

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 15 of 36

25-11875 Opinion of the Court 15

the exercise of jurisdiction over the defendant does not offend

traditional notions of fair play and substantial justice.” Id.

(quotation omitted); see also Burger King Corp. v. Rudzewicz, 471 U.S.

462, 474–77 (1985).

When a federal court uses a state long-arm statute, it

construes the statute as the state’s supreme court would. Diamond

Crystal Brands, Inc. v. Food Movers Int’l, Inc., 593 F.3d 1249, 1258

(11th Cir. 2010). Georgia’s long-arm statute explains:

A court of this state may exercise personal

jurisdiction over any nonresident . . . , as to a cause of

action arising from any of the acts, omissions,

ownership, use, or possession enumerated in this

Code section, in the same manner as if he or she were

a resident of this state, if in person or through an

agent, he or she:

(1) Transacts any business within this state;

(2) Commits a tortious act or omission within

this state, except as to a cause of action for

defamation of character arising from the act;

[or]

(3) Commits a tortious injury in this state

caused by an act or omission outside this state

if the tort-feasor regularly does or solicits

business, or engages in any other persistent

course of conduct, or derives substantial

revenue from goods used or consumed or

services rendered in this state . . . .

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 16 of 36

16 Opinion of the Court 25-11875

O.C.G.A. § 9-10-91(1)–(3). “[T]he Georgia long-arm statute does

not grant courts in Georgia personal jurisdiction that is coextensive

with procedural due process” and “must be read literally.”

Diamond Crystal, 593 F.3d at 1259.

The Georgia Supreme Court has held that for subsection (2)

of Georgia’s long-arm statute to apply to a non-resident defendant,

the defendant must commit a tortious act or omission within

Georgia rather than a tortious act or omission in another state that

merely causes an injury in Georgia.7 Innovative Clinical &

Consulting Servs., LLC v. First Nat’l Bank of Ames, 620 S.E.2d 352, 353–

54 (Ga. 2005); see also Anderson v. Deas, 632 S.E.2d 682, 683 (Ga. Ct.

App. 2006) (“[W]here a person commits a tortious act outside this

state causing injury in the state, paragraph (3) rather than (2)

applies—thereby requiring the presence of one of the contacts set

forth in paragraph (3) before long arm jurisdiction may be exercised

if the tortious injury but not the act occurs in this state.”).

District courts “have the power to order, at their discretion,

the discovery of facts necessary to ascertain their competency to

7 Cole did not challenge the magistrate judge’s finding that personal

jurisdiction over Shook and Oakes was inconsistent with O.C.G.A. § 9-10-91(1)

or (3) in Cole’s objections to the first R&R. Cole has thus waived the issue,

and we decline to address it. See Smith v. Marcus & Millichap, Inc., 106 F.4th

1091, 1097 (11th Cir. 2024) (“A party who fails to object to a magistrate judge’s

findings or recommendations in [a R&R] waives the right to challenge on

appeal the district court’s order based on unobjected-to factual and legal

conclusions if the party was informed of the time period for objecting and the

consequences on appeal for failing to object.” (quotation omitted)).

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 17 of 36

25-11875 Opinion of the Court 17

entertain the merits.” Eaton v. Dorchester Dev., Inc., 692 F.2d 727,

729 (11th Cir. 1982). While “the plaintiff bears the burden of

proving the court’s jurisdiction, the plaintiff should be given the

opportunity to discover facts that would support [the] allegations

of jurisdiction.” Majd-Pour v. Georgiana Cmty. Hosp., Inc., 724 F.2d

901, 903 (11th Cir. 1984). In other words, generally, dismissal

without affording the plaintiff an opportunity to pursue

jurisdictional discovery is an abuse of discretion. See id. But a

district court does not abuse its discretion when the plaintiff fails to

formally move for jurisdictional discovery, “burie[s] such requests

in [the] briefs,” or fails to take “reasonable steps to seek discovery”

during the time in which a motion to dismiss for lack of personal

jurisdiction is pending. Mazer, 556 F.3d at 1280–81.

The district court lacked personal jurisdiction over Shook

and Oakes under O.C.G.A. § 9-10-91(2). Cole failed to plausibly

allege any tortious acts or omissions committed by Shook and

Oakes within Georgia and instead relied solely on the effects

Shook’s and Oakes’s actions had on Cole in Georgia, which is

insufficient to satisfy O.C.G.A. § 9-10-91(2). Innovative Clinical &

Consulting Servs., 620 S.E.2d at 353–54. The district court also did

not abuse its discretion in declining the belated request for

jurisdictional discovery filed after the magistrate judge had issued

his first R&R. See Mazer, 556 F.3d at 1280–81. Thus, the district

court properly dismissed the claims against Shook and Oakes for

lack of personal jurisdiction.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 18 of 36

18 Opinion of the Court 25-11875

B. Exhaustion

Cole argues that the district court should not have dismissed

most of the Title VII claims as time-barred. For the hostile work

environment claim, Cole claims the complaint “allege[d] a

continuous pattern of supervisory harassment, coercive power

imbalance, and retaliatory workplace conditions” that fell within

the limitations period. Cole raises similar arguments about the

gender discrimination and retaliation claims, arguing that Cole’s

reassignment, restricted disclosure requirements, deterioration in

workplace standing, and limited advancement opportunities from

the “inferior” team extended into the limitations period. Cole also

argues that the claims, even if not timely, should be subject to

equitable tolling based on mental health struggles which prevented

Cole from timely filing the complaint.

“We review de novo [a] district court’s ruling on a motion to

dismiss under Federal Rule of Civil Procedure 12(b)(6), accepting

the factual allegations in the complaint as true and construing them

in the light most favorable to the plaintiff.” Doe ex rel. Doe #6 v.

Swearingen, 51 F.4th 1295, 1302 (11th Cir. 2022) (quotation

omitted). We also “review de novo whether undisputed facts

satisfy the legal prerequisites for equitable tolling.” Beazer v.

Richmond Cnty. Constructors, LLC, 169 F.4th 1082, 1086 (11th Cir.

2026). At the pleadings stage, a claim’s dismissal as untimely “is

appropriate only if it is apparent from the face of the complaint that

the claim is time-barred.” See Karantsalis v. City of Miami Springs, 17

F.4th 1316, 1319–20 (11th Cir. 2021) (quotation omitted).

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 19 of 36

25-11875 Opinion of the Court 19

To survive a Rule 12(b)(6) motion to dismiss, a complaint

must allege “enough facts to state a claim to relief that is plausible

on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). “A

claim has facial plausibility when the plaintiff pleads factual content

that allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged.” Ashcroft v. Iqbal, 556

U.S. 662, 678 (2009). Mere legal conclusions “are not entitled to the

assumption of truth”; instead, “they must be supported by factual

allegations.” Id. at 679.

Title VII makes it unlawful for an employer to “discharge

any individual, or otherwise to discriminate against any individual

with respect to [the individual’s] compensation, terms, conditions,

or privileges of employment . . . because of such individual’s . . .

sex.” 42 U.S.C. § 2000e-2(a)(1). Sex-based discrimination under

Title VII encompasses discrimination based on transgender status

and sexual orientation. Bostock v. Clayton Cnty., 590 U.S. 644, 661–

62 (2020). Sexual harassment can also constitute sex-based

discrimination under Title VII. Johnson v. Booker T. Washington

Broad. Serv., Inc., 234 F.3d 501, 508 (11th Cir. 2000). Title VII’s

“opposition clause” prohibits an employer from retaliating against

an employee because they have opposed any practice that is

unlawful under Title VII. 42 U.S.C. § 2000e-3(a); Gogel v. Kia Motors

Mfg. of Ga., Inc., 967 F.3d 1121, 1134 (11th Cir. 2020) (en banc).

“[R]elief under Title VII is available against only the employer and

not against individual employees whose actions would constitute a

violation of the Act . . . .” Dearth v. Collins, 441 F.3d 931, 933 (11th

Cir. 2006).

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 20 of 36

20 Opinion of the Court 25-11875

“Before a potential plaintiff may sue for discrimination

under Title VII, [the plaintiff] must first exhaust [the plaintiff’s]

administrative remedies,” and “[t]he first step down this path is

filing a timely charge of discrimination with the EEOC.” Wilkerson

v. Grinnell Corp., 270 F.3d 1314, 1317 (11th Cir. 2001). In a non-

deferral state 8 such as Georgia, a plaintiff must bring a charge with

the EEOC within 180 days “after the alleged unlawful employment

practice occurred.” 42 U.S.C. § 2000e-5(e)(1); Wilkerson, 270 F.3d

at 1317. The applicable period for filing an EEOC charge begins to

run when the employee receives unequivocal notice of an adverse

employment decision. See Stewart v. Booker T. Washington Ins., 232

F.3d 844, 849 (11th Cir. 2000).

“[F]iling a timely charge of discrimination with the EEOC is

not a jurisdictional prerequisite to suit in federal court, but a

requirement that, like a statute of limitations, is subject to waiver,

estoppel, and equitable tolling.” Zipes v. Trans World Airlines, Inc.,

455 U.S. 385, 393 (1982). Generally, a plaintiff seeking equitable

tolling must “prove (1) that [the plaintiff] has been pursuing [the

plaintiff’s] rights diligently, and (2) that some extraordinary

circumstance stood in [the plaintiff’s] way and prevented timely

filing.” Villarreal v. R.J. Reynolds Tobacco Co., 839 F.3d 958, 971 (11th

Cir. 2016) (en banc) (quotation omitted). “The plaintiff bears the

8 A “deferral state” is one that “prohibit[s] the unlawful employment practice

at issue and ha[s] established state or local authorities to grant or seek relief for

such practice.” Maynard v. Pneumatic Prods. Corp., 256 F.3d 1259, 1262–63 (11th

Cir. 2001). Georgia is a non-deferral state. Wilkerson, 270 F.3d at 1317.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 21 of 36

25-11875 Opinion of the Court 21

burden of showing that such extraordinary circumstances exist.”

Arce v. Garcia, 434 F.3d 1254, 1261 (11th Cir. 2006).

In the Title VII context, we have said that equitable tolling

is appropriate in situations where (1) an action was pending before

a state court, (2) the defendant concealed facts supporting a cause

of action, or (3) the defendant misled the plaintiff about the nature

of the plaintiff’s rights under Title VII. Manning v. Carlin, 786 F.2d

1108, 1109 (11th Cir. 1986). A plaintiff seeking equitable tolling

based on a mental impairment must establish a causal connection

between the impairment and the plaintiff’s ability to file timely. See

Lawrence v. Florida, 421 F.3d 1221, 1226–27 (11th Cir. 2005).

Additionally, “[t]he continuing violation doctrine allows [a]

plaintiff to sue on otherwise time-barred claims if the defendant’s

actions violate a plaintiff’s rights on a repeated or ongoing basis.”

Jimenez v. U.S. Att’y Gen., 146 F.4th 972, 992 (11th Cir. 2025)

(quotation omitted). “In determining whether a discriminatory

employment practice constitutes a continuing violation, this

Circuit distinguishes between the present consequence of a one

time violation, which does not extend the limitations period, and

the continuation of the violation into the present, which does.”

Calloway v. Partners Nat’l Health Plans, 986 F.2d 446, 448 (11th Cir.

1993) (quotation omitted). Discrete employment actions such as

termination, failure to promote, denial of transfer, or refusal to hire

each trigger a separate clock for filing an EEOC charge, and the

“continuing violation doctrine cannot convert related discrete acts

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 22 of 36

22 Opinion of the Court 25-11875

into a single unlawful practice for the purposes of timely filing.”

Jimenez, 146 F.4th at 992 (quotation omitted).

Hostile work environment claims, by contrast, are “different

in kind from discrete acts” because their “very nature involves

repeated conduct.” Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S.

101, 115 (2002). Thus, the Supreme Court has “eschewed the use

of the continuing violation doctrine in hostile work environment

cases,” see Shields v. Fort James Corp., 305 F.3d 1280, 1281 (11th Cir.

2002), instead holding that a “hostile work environment claim is

composed of a series of separate acts that collectively constitute

one unlawful employment practice,” Morgan, 536 U.S. at 117

(quotation omitted). Thus, for an EEOC charge to be timely as to

a hostile work environment claim, the employee need only file the

charge within 180 days “of any act that is part of the hostile work

environment.” Id. at 118. Similarly, for a hostile-environment

constructive discharge claim, so long as the acts alleged are part of

the same claim under consideration, the relevant filing period will

only begin running after the last relevant act occurs. Jimenez, 146

F.4th at 993.

As a preliminary matter, there is no individual liability under

Title VII, so the district court did not err in dismissing Cole’s Title

VII claims against Young. See Dearth, 441 F.3d at 933 (explaining

that relief under Title VII is available only against the employer and

not against individual employees). As for the remaining Title VII

claims against Accenture, Cole filed the EEOC charge against

Accenture on December 29, 2023. Thus, any unlawful

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 23 of 36

25-11875 Opinion of the Court 23

employment practice must have occurred within 180 days of that

filing—on July 2, 2023, or later—for the action to proceed under

Title VII. Wilkerson, 270 F.3d at 1317.

Cole’s claims do not allege conduct within that 180-day

window. Young left Accenture in January 2023, well outside the

range, and any sexual harassment or gender discrimination that he

inflicted on Cole as part of his role at Accenture necessarily

terminated then as well. The harm alleged, while severe, reflects a

“present consequence” of the previous discrimination, and thus

does not transform the past conduct into a continuing violation.

See Calloway, 986 F.2d at 448. Cole’s retaliation claims meet a

similar fate. The alleged retaliatory acts, including Accenture’s

efforts to dissuade Cole from discussing Young’s conduct, the

reassignment to another team, and Accenture’s failure to provide

“accommodations” all occurred before July 2, 2023. The last time

Accenture told Cole not to discuss Young’s conduct was March

2023, and Accenture reassigned Cole to another team in January

2023. Each of these discrete acts did not represent a continuing

violation and thus did not extend the filing period. See Jimenez, 146

F.4th at 992.

While a hostile work environment claim differs from the

previously discussed discrete acts, Cole failed to allege any act that

was part of a hostile work environment that occurred after July 2,

2023. See Morgan, 536 U.S. at 118. This claim depended on Young’s

actions and Cole’s perception of Accenture’s support for Young, all

of which ended by January 2023. And the last act that an observer

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 24 of 36

24 Opinion of the Court 25-11875

could possibly view as retaliation (and creating a hostile

environment) was Accenture’s denial of the worker’s

compensation claim which happened before July 2, 2023. Cole’s

voluntary resignation in December 2023 also did not extend the

limitations period, because as we will discuss in the next

subsection, the resignation was not a constructive discharge.

Furthermore, contrary to Cole’s contentions, the timing of each

event was readily apparent from the face of the complaint; thus,

the district court did not err in determining the statute barred the

untimely claims when the court considered the Rule 12(b)(6)

motion. See Karantsalis, 17 F.4th at 1319–20.

Similarly, the district court did not err in concluding that

equitable tolling did not apply to Cole’s claims. While Cole’s first

amended complaint detailed mental harms resulting from Young’s

sexual harassment and Accenture’s actions, the complaint failed to

plausibly allege that these psychological harms prevented timely

filing. Moreover, the complaint establishes that Cole pursued

other legal rights during the relevant period, including, e.g., filing a

claim for long-term disability in September 2022, submitting a

claim for worker’s compensation around June 2023, appealing the

denial of a request for long-term disability on June 23, 2023, and e-

mailing Accenture on October 31, 2023, expressing an intent to

report Young to the State of Georgia. See Villarreal, 839 F.3d at 971;

Lawrence, 421 F.3d at 1226–27. All told, these other actions indicate

that Cole could have filed the EEOC action earlier, and thus

equitable tolling does not apply.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 25 of 36

25-11875 Opinion of the Court 25

In sum, the district court did not err in dismissing Cole’s

gender discrimination, hostile work environment, and retaliation

claims under Title VII in the first amended complaint as time-

barred. 9 The employment actions underlying these claims

occurred more than 180 days before Cole filed the December 2023

charge with the EEOC. The continuing violation doctrine does not

save these claims. And Cole’s pursuit of other legal rights

throughout 2022 and 2023 belied the belated assertion in Cole’s

objections to the R&R that equitable tolling should apply based on

Cole’s mental health struggles. 10

C. Constructive Discharge

Cole argues that the complaint plausibly alleged the

working conditions at Accenture had become objectively

intolerable, which meant Cole’s departure was a constructive

discharge and not a resignation. In support of this conclusion, Cole

points to Accenture’s removal of Cole from core responsibilities,

reassignment to another less prestigious team, and refusal to

provide accommodations. Cole also argues that the resignation’s

reasonableness was a factual issue that the court should not have

resolved at the motion-to-dismiss stage.

9 Because we find that these claims are time barred, we need not reach nor

express any opinion on their merits.

10 The proposed second amended complaint would not have cured the

timeliness constraints on the Title VII claims because it added no facts showing

conduct that occurred during the relevant 180-day window.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 26 of 36

26 Opinion of the Court 25-11875

“Constructive discharge occurs when an employer

deliberately makes an employee’s working conditions intolerable

and thereby forces [the employee] to quit [the] job.” Bryant v. Jones,

575 F.3d 1281, 1298 (11th Cir. 2009) (quotation omitted). “A

plaintiff must show the work environment and conditions of

employment were so unbearable that a reasonable person in that

person’s position would be compelled to resign.” Id. (quotation

omitted). The time between the objectionable acts and the

plaintiff’s resignation is relevant to assessing whether a reasonable

person would have felt compelled to resign. See Steele v. Offshore

Shipbuilding, Inc., 867 F.2d 1311, 1313–14, 1317–18 (11th Cir. 1989)

(affirming a district court’s finding that a corporate employer did

not constructively discharge employees where the sexual

harassment stopped almost two weeks before the employees’

resignations).

“Creation of a hostile work environment is a necessary

predicate to a hostile-environment constructive discharge case,”

Pa. State Police v. Suders, 542 U.S. 129, 149 (2004), though

“[e]stablishing a constructive discharge claim is a more onerous

task than establishing a hostile work environment claim,” Bryant,

575 F.3d at 1298. A plaintiff seeking to establish a hostile work

environment must establish that he suffered harassment based on

a protected characteristic that was sufficiently severe or pervasive

to alter the conditions of his employment, and the employer was

responsible for the hostile work environment. Miller v. Kenworth of

Dothan, Inc., 277 F.3d 1269, 1275 (11th Cir. 2002).

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 27 of 36

25-11875 Opinion of the Court 27

Cole’s constructive discharge claims fail to state a situation

that would have forced a reasonable person to resign. Young left

Accenture in January 2023, nearly a year before Cole’s December

2023 resignation. See Steele, 867 F.2d at 1313–14, 1317–18. As for

the alleged acts of retaliation, the reassignment to another team (at

Cole’s request) was in January 2023, as was Accenture’s alleged

protection of Young’s reputation upon Young’s exit. The initial

instructions to Cole not to discuss the harassment while the

investigation was ongoing occurred in December and January

2023, with the last denial in March 2023. When Cole asked again

about discussing Young’s harassment with colleagues in October

2023, Accenture allowed Cole to do so in November 2023.

Combined, these facts undermine any plausible claim that

Accenture deliberately made Cole’s working conditions so

intolerable that a reasonable person would have felt compelled to

resign. See Bryant, 575 F.3d at 1298.

Finally, contrary to Cole’s argument, the district court did

not engage in factfinding as to constructive discharge. Instead, it

applied the correct standard for a motion to dismiss, treating the

factual allegations as true, before determining that even if true, the

facts did not show Accenture constructively discharged Cole based

on the analysis above. See Doe, 51 F.4th at 1302.

D. Leave to Amend to Add ADA Claims

Cole argues that the district court should have granted leave

to amend the complaint and add the ADA claims against

Accenture. Cole contends that the second amended complaint

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 28 of 36

28 Opinion of the Court 25-11875

would have been the first substantive chance to amend, which Cole

should have received under our precedent. 11 In any event, Cole

argues that the court applied the wrong standard in resolving

factual disputes against Cole. Instead, the ADA claims were timely

because they share the same factual nucleus as the facts in the

complaint, meaning they related back to the date of the first

amended complaint under Federal Rule of Civil Procedure 15(c).

Cole contends the second amended complaint plausibly stated a

claim for relief under the ADA.

“Generally, a district court’s decision to deny a motion to

amend a complaint is reviewed for an abuse of discretion.”

Marrache v. Bacardi U.S.A., Inc., 17 F.4th 1084, 1092 (11th Cir. 2021).

“But we will review de novo an order denying leave to amend on

the grounds of futility, because it is a conclusion of law that an

amended complaint would necessarily fail.” Id. (quotation

omitted).

Under Federal Rule of Civil Procedure 15(a), once the time

for amending as a matter of course has passed, “a party may amend

its pleading only with the opposing party’s written consent or the

court’s leave,” and “[t]he court should freely give leave when

justice so requires.” Fed. R. Civ. P. 15(a)(2). “Generally, where a

more carefully drafted complaint might state a claim, a plaintiff

must be given at least one chance to amend the complaint before

11 Cole filed the initial complaint on April 30, 2024, and the first amended

complaint on May 2, 2024. The first amended complaint removed the

defendant’s addresses at their request but was otherwise the same complaint.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 29 of 36

25-11875 Opinion of the Court 29

the district court dismisses the action with prejudice.” Garcia v.

Chiquita Brands Int’l, Inc., 48 F.4th 1202, 1220 (11th Cir. 2022)

(quotation omitted). But a district court need not grant leave

where amendment would be futile. Corsello v. Lincare, Inc., 428 F.3d

1008, 1014 (11th Cir. 2005). In other words, “[b]ecause justice does

not require district courts to waste their time on hopeless cases,

leave may be denied if a proposed amendment fails to correct the

deficiencies in the original complaint or otherwise fails to state a

claim.” Mizzaro v. Home Depot, Inc., 544 F.3d 1230, 1255 (11th Cir.

2008).

Cole’s ADA claims fell into three categories: (1) reasonable

accommodation; (2) disparate treatment; (3) hostile work

environment and constructive discharge; and (4) retaliation. For

the reasons below, we agree with the district court that the second

amended complaint failed to state an ADA claim.

The ADA prohibits covered employers from

“discriminat[ing] against a qualified individual on the basis of

disability in regard to job application procedures, the hiring,

advancement, or discharge of employees, employee

compensation, job training, and other terms, conditions, and

privileges of employment.” 42 U.S.C. § 12112(a). A plaintiff who

alleges that an employer has discriminated against them in

violation of the ADA must make out a prima facie case showing

that (1) the plaintiff has a disability, (2) the plaintiff is a qualified

individual, and (3) the defendant unlawfully discriminated against

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 30 of 36

30 Opinion of the Court 25-11875

the plaintiff because of the plaintiff’s disability. Reed v. Heil Co., 206

F.3d 1055, 1061 (11th Cir. 2000). 12

An employer discriminates against a qualified individual

because of the individual’s disability when the employer fails to

“mak[e] reasonable accommodations to the known physical or

mental limitations of an otherwise qualified individual with a

disability . . . unless [the employer] can demonstrate that the

accommodation would impose an undue hardship on the

operation of [its] business.” Id. § 12112(b)(5)(A). A reasonable

accommodation is one that “enables the employee to perform the

essential functions of the job.” LaChance v. Duffy’s Draft House, Inc.,

146 F.3d 832, 835 (11th Cir. 1998). An employer’s “duty to provide

a reasonable accommodation is not triggered unless a specific

demand for an accommodation has been made,” and “[o]nly after

the employee has satisfied this burden and the employer fails to

provide that accommodation can the employee prevail on a claim

that [the] employer has discriminated against [the employee].”

Gaston v. Bellingrath Gardens & Home, Inc., 167 F.3d 1361, 1363–64

(11th Cir. 1999).

Additionally, the ADA further provides that “[n]o person

shall discriminate against any individual because such individual

12 On appeal, the parties only dispute the third element, whether Accenture

discriminated against Cole based on disability. We accordingly limit our

review to whether the second amended complaint states a claim on that point

and, for the purposes of the motion to dismiss, assume that Cole satisfies the

first two elements.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 31 of 36

25-11875 Opinion of the Court 31

has opposed any act or practice made unlawful by [the ADA].” 42

U.S.C. § 12203(a). “This provision creates a prohibition on

retaliation under the ADA that is similar to Title VII’s prohibition

on retaliation.” Stewart v. Happy Herman’s Cheshire Bridge, Inc., 117

F.3d 1278, 1287 (11th Cir. 1997). To establish retaliation under the

ADA, “a plaintiff must show (1) statutorily protected expression;

(2) adverse employment action; and (3) a causal link between the

protected expression and the adverse action.” Id.

Finally, a plaintiff alleging disparate treatment under the

ADA must “prove that [the plaintiff was] treated less favorably than

a similarly situated, non-disabled person.” Sailboat Bend Sober

Living, LLC v. City of Fort Lauderdale, 46 F.4th 1268, 1275 (11th Cir.

2022). In the Title VII context13, we have held that a hostile work

environment claim requires the following showing:

(1) [the plaintiff] belong[ed] to a protected group;

(2) [the plaintiff] was subject[ed] to unwelcome

harassment; (3) the harassment was based on a

protected characteristic; (4) the harassment was

sufficiently severe or pervasive to alter the conditions

of [the plaintiff’s] employment; and (5) [the]

employer was responsible for the hostile work

environment.

13 We have never addressed whether a hostile work environment is a viable

claim under the ADA. But for the purposes of this motion to dismiss, we

assume that it is and that Title VII’s standard would also apply to such a claim.

Even assuming such claim could be viable, Cole’s allegations are insufficient.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 32 of 36

32 Opinion of the Court 25-11875

Copeland v. Ga. Dep’t of Corr., 97 F.4th 766, 774 (11th Cir. 2024)

(quotation omitted).

Cole’s proposed ADA claims were futile, and the district

court did not err in denying leave to bring the claims in a second

amended complaint. The failure-to-accommodate claim rested on

the October 31, 2023, e-mail requesting a transfer back to Cole’s

former team and to speak with coworkers about Young’s sexual

harassment and its effect on Cole. We assume for purposes of the

motion to dismiss stage that these are reasonable requests for

accommodations and that these requests related to Cole’s

disabilities. While Accenture initially encouraged Cole to avoid

disclosing to coworkers Young’s conduct and its effects on Cole,

Accenture explicitly permitted Cole to talk to coworkers about

Young’s sexual harassment on November 14, 2023. Thus,

Accenture granted Cole the requested accommodation, and the

second amended complaint failed to state a claim for failure to

accommodate based on this request. Gaston, 167 F.3d at 1364. As

for Cole’s request to return to the old team, the October 2023 e-

mail stated that Cole was requesting to transfer back to the old

team “when [Cole] return[ed] to work.”14 Because Cole did not

14 While Accenture attached this e-mail to its motion to dismiss, a court “may

consider exhibits attached to a motion to dismiss without converting the

motion into one for summary judgment if the exhibits are (1) central to the

plaintiff’s claim and (2) their authenticity is not disputed.” Crawford’s Auto Ctr.,

Inc. v. State Farm Mut. Auto. Ins. Co., 945 F.3d 1150, 1162 (11th Cir. 2019). Cole

did not contest the district court’s consideration of the e-mail and has thus

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 33 of 36

25-11875 Opinion of the Court 33

return to work before resigning in December 2023, Accenture’s

failure to immediately respond to the request did not plausibly

amount to a denial of it. See id. Accordingly, Cole failed to state a

plausible claim for failure-to-accommodate based on this request.

Cole’s second amended complaint also failed to state a claim

for disparate treatment or a hostile work environment under the

ADA. While the complaint described various acts of alleged

discrimination and harassment by Accenture in support of these

claims—including its instruction not to disclose Young’s sexual

harassment to Cole’s colleagues, its reassignment of Cole to a

different team upon Cole’s return to work in January 2023, and its

efforts to protect Young’s reputation,—the second amended

complaint made no allegations suggesting that Accenture took

these alleged discriminatory and harassing actions based on Cole’s

disabilities. See Reed, 206 F.3d at 1061; Copeland, 97 F.4th at 774.

Lastly, Cole’s ADA retaliation claim relied on the “close

temporal proximity” between the “constructive discharge” in

December 2023 and Cole’s requests for an accommodation. But

because the complaint failed to state a hostile work environment

claim, it also necessarily failed to allege a constructive discharge

and thus failed to allege a link between a protected activity and an

abandoned any challenge Cole may have had. Access Now, Inc. v. Sw. Airlines

Co., 385 F.3d 1324, 1330 (11th Cir. 2004); Sapuppo, 739 F.3d at 681.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 34 of 36

34 Opinion of the Court 25-11875

adverse employment decision. See Bryant, 575 F.3d at 1298; Stewart,

117 F.3d at 1287. 15

E. Supplemental Jurisdiction

Finally, Cole argues that the district court erred in declining

to exercise supplemental jurisdiction because Cole still had viable

federal claims. Cole also contends that the district court should

have analyzed whether judicial economy, convenience, fairness,

and comity favored retaining supplemental jurisdiction.

We review a district court’s decision to decline

supplemental jurisdiction over a claim for abuse of discretion.

Harris-Billups ex rel. Harris v. Anderson, 61 F.4th 1298, 1302 n.4 (11th

Cir. 2023); Raney v. Allstate Ins. Co., 370 F.3d 1086, 1088–89 (11th

Cir. 2004).

In civil actions, the district courts “have supplemental

jurisdiction over all other claims that are so related to [those]

claims” over which the district court has original jurisdiction “that

they form part of the same case or controversy under Article III of

15 Cole also argues that the district court should not have considered the

second amended complaint’s sufficiency before deciding whether to grant

leave to amend. But “leave may be denied if a proposed amendment fails to

correct the deficiencies in the original complaint or otherwise fails to state a

claim.” See Mizzaro, 544 F.3d at 1255. The district court properly assumed the

truth of the allegations in the second amended complaint, avoided drawing

inferences against Cole, and considered Cole’s objections before deciding

whether to adopt the R&Rs. Doe, 51 F.4th at 1302; Mizzaro, 544 F.3d at 1255.

It then found that amendment would be futile, and it did not need to allow

futile claims to move forward. See Corsello, 428 F.3d at 1014.

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 35 of 36

25-11875 Opinion of the Court 35

the United States Constitution.” 28 U.S.C. § 1367(a). But a district

court may decline to exercise supplemental jurisdiction where it

“has dismissed all claims over which it has original jurisdiction.” 28

U.S.C. § 1367(c)(3).

Additionally, in deciding whether to dismiss claims over

which it has supplemental jurisdiction, the district court should

consult the factors articulated in United Mine Workers of America v.

Gibbs, 383 U.S. 715 (1966), including “judicial economy,

convenience, fairness, and comity.” Ameritox, Ltd. v. Millennium

Laby’s, Inc., 803 F.3d 518, 532 (11th Cir. 2015) (quotation omitted).

Where “the federal claims are dismissed prior to trial, Gibbs

strongly encourages or even requires dismissal of state claims.”

Mergens v. Dreyfoos, 166 F.3d 1114, 1119 (11th Cir. 1999) (quotation

omitted).

The district court did not abuse its discretion in declining to

exercise supplemental jurisdiction over the state-law claims

because it had dismissed all of the Title VII federal claims. See 28

U.S.C. § 1367(c)(3); Mergens, 166 F.3d at 1119. Cole resists this

conclusion, arguing that the district court erred in declining to

exercise supplemental jurisdiction without explicitly discussing

each of the Gibbs factors. But Cole has identified no authority

holding that district courts must explicitly discuss the Gibbs factors

on the record before declining to exercise supplemental

jurisdiction. In any event, the magistrate judge’s first R&R—which

the district court adopted—explicitly referenced Gibbs, comity, and

considerations impacting fairness (including, for example, Cole’s

USCA11 Case: 25-11875 Document: 49-1 Date Filed: 08/03/2026 Page: 36 of 36

36 Opinion of the Court 25-11875

ability to refile the claims in state court under O.C.G.A. § 9-2-61(a)).

Accordingly, the district court did not abuse its discretion in

declining to exercise supplemental jurisdiction over the state-law

claims.16

III. Conclusion

For the foregoing reasons, we affirm the district court’s

judgment.17

AFFIRMED.

16 Cole also argues that the district court erred in resolving the amendment

issue and the supplemental jurisdiction issue in a single order “without first

recognizing that . . . grant[ing] [the amendment] would preserve jurisdiction.”

But, as discussed above, the court properly denied leave to file the proposed

second amended complaint because amendment would have been futile.

Thus, there was no error.

17 We note with grave concern that Cole’s initial appellate brief includes

purported quoted material from five cases—Pinnacle Advert. & Mktg. Grp. Inc.

v. Pinnacle Advert. & Mktg. Grp., LLC, 7 F.4th 989 (11th Cir. 2021); Perez-Priego

v. Alachua Cnty. Clerk of Ct., 148 F.3d 1272 (11th Cir. 1998); Akins v. Fulton

County, 420 F.3d 1293 (11th Cir. 2005); Quality Foods de Centro Am., S.A. v. Latin

Am. Agribusiness Dev. Corp., S.A., 711 F.2d 989 (11th Cir. 1983), and Horsley v.

Feldt, 304 F.3d 1125 (11th Cir. 2002)—but the asserted quoted material does

not appear anywhere in these opinions. While it may be arguable whether

the cases support the propositions counsel cited them for, we remind Cole’s

counsel that the Court relies on advocates to present their case on their client’s

behalf. Providing quotations that do not appear in the cited cases is a

disservice to that obligation to the client and an abdication of counsel’s duty

to the Court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.