Rodriguez v. Wal-Mart Stores, Inc., No. 17-1737 (8th Cir. 2018)Annotate this Case
The Eighth Circuit affirmed the district court's grant of summary judgment to Walmart in an action alleging employment discrimination. The court held that plaintiff failed to file a charge of discrimination with the EEOC within 180 days of the alleged Americans with Disabilities Act (ADA) violation. The court also held that plaintiff's failure to file his EEOC claim within 180 days was not the result of any misconduct by Walmart. In this case, failing to respond to a settlement demand made ten days before the statutory deadline, and accompanied by a statement that the employee would file a charge with the EEOC if the matter could not be settled, was not conduct that the employer should unmistakably have understood would cause the employee to miss the filing deadline.