Originally published on the Employer's Law Blog
In Rivera v. Waste Management of New Jersey, Inc., the United States District Court for the District of New Jersey dismissed part of an employee's lawsuit – which alleged that his employer maintained policies that disparately impacted Hispanic employees – because the individual's earlier Charge filed with the U.S. Equal Employment Opportunity Commission ("EEOC") did not include such allegations.
Rivera, who is Hispanic, worked for defendant Waste Management of New Jersey, Inc. ("Waste Management") as a driver. In 2005, he allegedly began experiencing discriminatory treatment, including racial epithets, directed at him and other minority employees. He requested a transfer, which was denied. A few years later, Rivera was disciplined for four incidents involving alleged abuse to his work vehicle. He was suspended and subsequently presented with a "last chance agreement" by the employer as a condition of his continued employment. He declined to sign the agreement and did not return to work.
Instead, Rivera filed a Charge with the EEOC and the New Jersey Division on Civil Rights ("DCR"), alleging disparate treatment - that other, non-Hispanic drivers were not forced to sign last chance agreements under similar circumstances. In 2010, the EEOC dismissed the Charge and provided Rivera with a "Right to Sue" letter.
In addition to his disparate treatment claims, Rivera's subsequent lawsuit included an allegation that Waste Management maintained policies that, though facially neutral, tended to adversely affect Hispanic employees (i.e. disparate impact discrimination). Waste Management sought to dismiss the disparate impact claim because it was not raised in Rivera's EEOC Charge.
The Court agreed with Waste Management that the disparate impact claim could not proceed because it was not raised in Rivera's EEOC Charge, as required.
When faced with a new lawsuit, employers should remember to review prior charges filed by the employee. Make sure any federal claims were previously raised in a charge to the EEOC or the DCR. These seemingly minor procedural defects in a lawsuit can sometimes be the key to a quick and inexpensive resolution for an employer
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