Gregory Graves v. Henkels & McCoy, Inc.

Summary

The United States District Court for the Western District of Wisconsin granted Henkels & McCoy, Inc.’s motion to dismiss Gregory Graves’s ADA claims. The court held that Graves’s disability-discrimination amendments to his administrative charge were either untimely, failed to identify Henkels & McCoy as the alleged discriminator, or did not relate back to his timely race-discrimination charge. Graves’s race-discrimination claim remained pending.

Holdings

1. The March 12, 2020 amendment was untimely because it was filed more than 300 days after the alleged unlawful employment practice.
2. The February 22 amendment could not establish a timely disability-discrimination charge against Henkels & McCoy because it named IBEW 2150 as the respondent and did not provide notice that Henkels & McCoy was being accused of disability discrimination.
3. The March 12 amendment did not relate back to the timely initial charge because it asserted a new disability-discrimination theory based on separate factual allegations.
4. Graves was precluded from bringing ADA claims in his federal complaint because his administrative disability-discrimination allegations were either untimely or failed to charge Henkels & McCoy with disability discrimination.

Questions Presented

1. Whether Graves's February 22, 2020 amendment timely asserted disability discrimination against Henkels & McCoy.
2. Whether Graves's March 12, 2020 amendment was filed within the applicable 300-day administrative charge deadline.
3. Whether the March 12 amendment related back to Graves's timely initial race-discrimination charge.
4. Whether Graves could pursue ADA claims in federal court based on the administrative charges.

Disposition

other