any right to which such participant may become entitled under the plan, this sub-chapter, or the Welfare and Pension Plans Act____ 29 U.S.C. § 1140. Congress enacted this section to stop employers from discharging or harassing their employees in order to stop the employees from obtaining their statutory based rights. West v. Butler, 621 F.2d 240, 244-46 (6th Cir.1980). An issue exists as to whether the Plaintiff must first exhaust his administrative remedies before bringing this action. The Sixth Circuit is yet to address this question. In Baxter v. C.A. Muer Carp., 941 F.2d 451 (6th Cir.1991), the Sixth Circuit held that it was within the sound discretion of the trial court to determine whether exhaustion was necessary where the terms of a benefit plan needed to be clarif Cir.1984) (<HOLDING>); Curry v. Contract Fab. Inc. Profit Sharing
holding that courts have consistently required exhaustion of administrative remedies under foia holding exhaustion of administrative remedies not required prior to bringing statutory claim under erisa recognizing that exhaustion of state administrative remedies is not a prerequisite to bringing a  1983 action recognizing that exhaustion of state administrative remedies is not required as a prerequisite to bringing an action pursuant to  1983 holding that claim for sexual harassment exists only under statute which preempts any common law claim based on allegations giving rise to statutory claim plaintiff cannot evade statutory exhaustion of administrative remedies requirement and other unique features of chapter 21 by bringing suit under commonlaw theory