GILBERT v. TRUGREEN, 1:10-cv-00646

Gilbert was employed by Trugreen from March 2003 to October 2008 and was African-American.
He experienced a staph infection in January 2005 and worked substantial hours despite illness.
He became sick again in September 2008, missed about one week of work, and was terminated on October 15, 2008.
Gilbert filed an EEOC Charge on April 22, 2010 alleging race-based termination under Title VII, which the EEOC dismissed as untimely.
He filed this federal action on May 24, 2010, asserting ADEA and ADA claims and wage-repayment claims, without EEOC-exhausted basis for those claims.
The court held the ADEA and ADA claims time-barred and not properly exhausted since they were not included in the EEOC charge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Are the ADEA and ADA claims time-barred?	Gilbert contends the claims were timely and within the EEOC period.	Time limits expired; claims untimely.	Yes; time-barred.
Has Gilbert exhausted administrative remedies for the ADEA/ADA claims?	Claims are reasonably related to the race claim or arise out of investigation.	Claims were not included in the EEOC charge and are not reasonably related.	No; not exhausted.

Fairchild v. Forma Scientific, Inc., 147 F.3d 567 (7th Cir. 1998) (accrual and timely filing standards for discrimination claims)
Doe v. R.R. Donnelley & Sons Co., 42 F.3d 439 (7th Cir. 1994) (300-day EEOC charge filing requirement)
Harper v. Godfrey Co., 45 F.3d 143 (7th Cir. 1995) (claims not in EEOC charge must be reasonably related to charge)
Cheek v. Western & Southern Life Ins. Co., 31 F.3d 497 (7th Cir. 1994) (scope of related allegations to administrative charge)