Luevano v. Walmart Stores, Inc., No. 11-1917 (7th Cir. 2013)
Annotate this CaseLuevano works as a greeter at Wal-Mart. She complained to her supervisor that a male co-worker was repeatedly harassing her. The supervisor refused to act. The harassment continued. Luevano unsuccessfully complained to the district manager of human resources. Her working hours were cut. She filed a gender discrimination charge with the Equal Employment Opportunity Commission, which issued a right to sue letter. Two days before the 90-day filing deadline expired, Luevano filed a pro se complaint, with requests to proceed in forma pauperis and for recruited counsel. Using the court's four-page form, she checked boxes for sex discrimination, failure to stop harassment, and retaliation based on a protected activity, supplemented by two handwritten pages alleging that her co-worker harassed her because she was a woman; her male supervisor refused to correct her co-worker’s behavior; and her supervisor retaliated by reducing her hours and intimidation. The district court dismissed without prejudice, stating that Luevano had failed to allege properly that the harassment or retaliation had occurred because of her sex. The Seventh Circuit reversed, finding that Luevano’s claims in amended complaints relate back to the initial timely filings and adequately alleged violation of Title VII of the Civil Rights Act of 1964.
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