Frisse v. Geodis Logistics, LLC

Summary

The United States District Court for the Southern District of Illinois granted Geodis Logistics, LLC’s motion for judgment on the pleadings as to Count III of Sarah E. Frisse’s complaint. The court held that Frisse had not exhausted the Illinois Human Rights Act’s administrative remedies before filing suit and dismissed the IHRA claim without prejudice.

Holdings

1. A plaintiff may not bring an Illinois Human Rights Act civil action unless the statutory administrative prerequisites have been satisfied, including filing a charge with the IDHR or EEOC and receiving a right-to-sue notice, or proceeding after the applicable statutory period without an IDHR report.
2. The later filing of an administrative charge did not cure Frisse's failure to satisfy the IHRA's pre-suit requirements, and Count III was properly dismissed without prejudice.
3. An IDHR complainant information sheet is not a formal charge and does not initiate IHRA administrative proceedings.

Questions Presented

1. Whether Frisse's Illinois Human Rights Act claims should be dismissed because she had not filed an administrative charge with the Illinois Department of Human Rights or the Equal Employment Opportunity Commission before filing suit.
2. Whether the later filing of an IDHR charge could cure the failure to satisfy the IHRA's pre-suit administrative-exhaustion requirements.
3. Whether an IDHR complainant information sheet constitutes a formal charge sufficient to begin the statutory administrative process.

Disposition

dismissed