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Wednesday, October 15, 2008

Ind. Decisions - 7th Circuit decides one Indiana case today

In Chaudhry v. Nucor Steel (SD Ind., Judge McKinney), a 12-page opinion, Judge Williams writes:

Subhash C. Chaudhry sued his employer, Nucor Steel-Indiana, alleging that Nucor discriminated against him in violation of Title VII of the Civil Rights Act of 1964 when it failed to give him a raise in June 2003 and denied him the opportunity to visit customers, which would have qualified him for increased compensation. The district court granted Nucor’s motion to dismiss, relying on Ledbetter v. Goodyear Tire & Rubber Co., 127 S. Ct. 2162 (2007) to hold that Chaudhry’s discrimination claim was untimely, and then terminated the case on the same day.

Because Chaudhry failed to file a timely EEOC charge regarding Nucor’s failure to give him a raise in June 2003, we conclude that the district court properly granted Nucor’s motion to dismiss that claim as well as any claims arising from that 2003 decision that do not involve discrete acts of discrimination. But we also determine that Nucor’s failure to inform Chaudhry of opportunities to visit customers, which effectively prevented him from qualifying for an annual raise, constitutes a distinct discriminatory act that is not time barred. Therefore, we affirm in part, reverse in part, and remand for further proceedings consistent with this opinion. * * *

For the reasons stated above, we AFFIRM the district court’s dismissal of claims arising from Nucor’s June 2003 decision not to give Chaudhry a raise but REVERSE the district court’s dismissal of Chaudhry’s claims regarding Nucor’s failure to notify him of opportunities to visit customers. The case is REMANDED for proceedings consistent with this opinion.

Posted by Marcia Oddi on October 15, 2008 11:53 AM
Posted to Ind. (7th Cir.) Decisions