Alam v. Miller Brewing Co., No. 11-2456 (7th Cir. 2013)
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Alam filed an employment discrimination lawsuit against Miller Brewing, his former employer. The case settled in 2006. Subsequently, Alam, whose company provides software and consulting services to the brewing industry, approached MillerCoors about developing a software prototype for MillerCoors and its distributors. MillerCoors is a joint venture between Miller Brewing and Coors Brewing Company. After Alam spent two months working to develop the prototype and collaborating with MillerCoors employees, an executive at MillerCoors indicated that it would no longer consider working with Alam because of Alam’s prior lawsuit. Alam received a letter from counsel for MillerCoors, quoting the settlement agreement provision that: “I agree not to reapply for employment with or otherwise work for or provide services to Miller Brewing Company . . . or any of its parent, affiliates or subsidiaries.” After the EEOC issued Alam a right-to-sue notice, he filed a retaliation claim under Title VII, 42 U.S.C. 2000e, and a state law claim for promissory estoppel. The district court ultimately dismissed. The Seventh Circuit affirmed, noting that Alam had not exhausted EEOC remedies with respect to Miller and, with respect to MillerCoors, was not an employee nor seeking employment opportunities for purposes of Title VII.
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