Seventh Circuit case reminds us to examine relationship between EEOC charge and issues raised in complaint in subsequent lawsuit
In Ajayi v. Aramark Business Services, Inc., (7th Cir. 6/26/03), the Seventh Circuit upheld dismissal of age discrimination claim due to failure to include age bias allegations in EEOC charge or state facts that might have alerted EEOC to age claim; charge was for national origin discrimination.
The issue is important because a complaint is subject to dismissal if the discrimination claim was not previously presented to the EEOC. It is not that unusual for there to be variations between the allegations presented to the EEOC (often before a creative lawyer gets involved) and those in the complaint. So this comparison should always be made by defense counsel upon receipt of a complaint.
This case contains a summary of the standard for determining whether a charge is sufficiently similar to the allegations of a complaint.
