Begolli v. Home Depot, U.S.A., Inc., No. 12-1875 (7th Cir. 2012)
Annotate this CasePlaintiff sued Home Depot and a personnel manager, claiming that the company had refused to hire him because of his national origin, Albanian, in violation of Title VII. Defendants claim that a manager called plaintiff on August 27, 2007, and told him he wouldn’t be hired. The plaintiff filed discrimination complaints with the EEOC and its Wisconsin counterpart on June 26, 2008, 304 days later. Title VII provides that the 300-day period to file an administrative complaint begins to run when the complainant is informed of the allegedly unlawful employment practice, 42 U.S.C. 2000e-5(e)(1). Plaintiff denied that he had received such a call that day. The district judge conducted an evidentiary hearing and dismissed. The Seventh Circuit reversed, distinguishing between the limitations period and the requirement of exhaustion of administrative remedies. Title VII does not require exhaustion of administrative remedies. It states that “a charge . . . shall be filed . . . within three hundred days after the alleged unlawful employment practice occurred,” 42 U.S.C. § 2000e-5(e)(1), but not that an administrative proceeding shall have been conducted before the employee can file suit.
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