Chic v. Waterford Union High School District
2:25-cv-00991
E.D. Wis.Sep 23, 2025Background
- Chic sued Waterford Union High School District in the Eastern District of Wisconsin alleging ADA discrimination, retaliation, and failure to accommodate.
- Chic began as a part-time cleaner (2004) and became a full-time custodian (2007); he sustained disabling injuries in 2011 and 2021.
- In 2021, a doctor restricted floor stripping due to back injury; district allowed him to supervise summer floor stripping by others.
- In July 2023, supervisor Milas allegedly directed Chic to personally strip floors despite his disability; Chic claims no proper accommodation process or documentation was sought.
- Chic filed a DWD ERD discrimination complaint in August 2023; the ERD issued an initial probable cause determination in May 2024, and the EEOC issued a right-to-sue notice in April 2025.
- The district moved to dismiss Count Two (retaliation) for failure to exhaust administrative remedies; the court granted the motion, dismissing Count Two with prejudice due to untimeliness and lack of exhaustion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Chic exhausted administrative remedies for the retaliation claim. | Chic argues ERD/EEOC filings should suffice given cross-filed concerns and federal protection. | Chic did not allege retaliation in the ERD/EEOC; thus no exhaustion. | Chic failed to exhaust the retaliation claim; dismissal granted. |
| Whether dismissal should be with prejudice due to timeliness. | (Not specifically argued to avoid prejudice) | Last discriminatory act was August 2, 2023; more than 300 days passed. | Dismissal with prejudice proper; the claim is time-barred. |
Key Cases Cited
- Riley v. City of Kokomo, 909 F.3d 182 (7th Cir. 2018) (exhaustion and relation of claims under EEOC rules)
- Cheek v. W. & S. Life Ins. Co., 31 F.3d 497 (7th Cir. 1994) (claims relation; failure to plead all facts not fatal to complaint)
- Green v. Nat'l Steel Corp., 197 F.3d 894 (7th Cir. 1999) (relatedness of EEOC charges to underlying claims)
- Rowlands v. United Parcel Serv. - Fort Wayne, 901 F.3d 792 (7th Cir. 2018) (ADA protected activity includes requesting accommodations)
- Wingra Redi-Mix Inc. v. Lab. & Indus. Rev. Comm’n, 2023 WI App 34, 408 Wis. 2d 563, 993 N.W.2d 715 (Wis. App. 2023) (Wisconsin trend aligning with federal ADA precedent)
- Town of Rome Police Dept. v. Lab. & Indus. Rev. Comm’n, 337 Wis. 2d 557, 806 N.W.2d 268 (Wis. App. 2011) (requires prima facie protected activity and causal connection under WFEA)
- Calvin v. Sub-Zero Freezer Co., 697 F. App’x 874 (7th Cir. 2017) (timeliness for filing administrative complaints under Wisconsin law)