Shamin v. Siemens Indus. (N.D.Ill. 2012): Workplace Retaliation Claim

Plaintiff Syed Shamin brought this action under Title VII of the Civil Rights Act of 1964 against his former employer Siemens Industry, Inc. and his former supervisor Chandrashekar Dandekar (collectively, the Respondents). The Plaintiff alleged that after receiving derogatory comments about his accent at work and random “outbursts of yelling, profanity and insults” about his religion and ethnicity by his supervisor, the Plaintiff was discharged. The Plaintiff filed a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC) and the Illinois Department of Human Rights. After the EEOC mailed the Plaintiff a Dismissal and Notice of Rights to Sue letter, the Plaintiff commenced this action. The Respondents subsequently filed a motion to dismiss, stating that because the Plaintiff only initially checked the retaliation box on the EEOC claim, the Plaintiff’s discrimination and hostile environment claims are procedurally barred. The Court found that generally, a Title VII plaintiff cannot bring claims in a lawsuit that were not included in his EEOC charge. Therefore, the Court determined that it must not consider the Plaintiff’s discrimination and hostile environment claims, thereby partially granting the Respondent’s motion to dismiss. 

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