Carlson v. Christian Brothers Services

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Plaintiff, a customer service representative, was in an automobile accident in 2011, after which she used a cane and limped. She was fired in 2012, allegedly because of a perceived disability that had required her to take time off and to use her health insurance. Represented by counsel, she filed suit under the Americans with Disabilities Act. The Seventh Circuit affirmed dismissal, citing failure to submit a charge of discrimination to the Equal Employment Opportunity Commission (EEOC) within the 300-day statutory deadline, 42 U.S.C. 2000e-5(e)(1), (f)(1). Six months after being fired she had filed with the Illinois Department of Human Rights (IDHR) a “Complainant Information Sheet” (CIS). A charge filed with IDHR is automatically cross-filed with EEOC. Despite the EEOC amicus curiae brief, arguing that the CIS was the equivalent of a charge, the court concluded that it was not. A charge is the administrative equivalent of a judicial complaint; a CIS is not unless it asks for relief. Without such a request the CIS is a pre-charge screening form, which does not prompt IDHR to notify the employer, launch an investigation, or sponsor mediation. Although the CIS form does say that IDHR will cross-file the complainant’s “charge of discrimination” with EEOC, it also says “THIS IS NOT A CHARGE,” followed by the statement that “if IDHR accepts your claim, we will send you a charge form for signature.” View "Carlson v. Christian Brothers Services" on Justia Law