Maryland employers will welcome a decision last week by a local federal court holding a plaintiff’s checking the box on an EEO charge is not enough to pursue the claim in court. (Wallace v. Bd. of Educ. of Calvert Ct’y, No. PX 16-3242, 5/31/17).
In this case, Plaintiff Wallace was a substitute bus driver for Calvert County Public Schools. Her complaint alleged that she was forced to take time off for stress and anxiety due to ongoing harassment by parents of white students. When she threatened to get a lawyer to remove her from the bus, Wallace was transferred to a new bus route and replaced with a white driver.
Prior to suing in court, Wallace filed a charge of discrimination with the EEOC. The step is required in order to sue for discrimination under both Title VII (covering race) and the Americans with Disabilities Act. Although Wallace checked the box to indicate she was suing for disability discrimination, her charge allegations strictly related to race and retaliation.
When Wallace later sued in court for disability discrimination, the United States District Court for the District of Maryland stopped her in her tracks, finding she was limited to the allegations made in her charge. Under Maryland law, a plaintiff fails to exhaust administrative remedies when a charge references “different time frames, actors, and discriminatory conduct” than the allegations in a complaint. Simply checking the box on an EEO charge for a particular claim is not enough to pursue that claim in court.
The case is a good reminder that when served with a discrimination complaint, an employer should first check to see that an employee has actually exhausted administrative remedies. Just because a charge has been filed does not mean the requirement has been met. The ability to dismiss a claim upfront without engaging in costly discovery can save a business significant time and resources.