Eiler v. South Dakota Human Services Center, 083018 FED7, 18-1133

Docket Nº:18-1133
Party Name:ERIN JESSICA EILER Plaintiff-Appellant, v. SOUTH DAKOTA HUMAN SERVICES CENTER and EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendants-Appellees.
Judge Panel:Before DIANE S. SYKES, Circuit Judge, DAVID F. HAMILTON, Circuit Judge, MICHAEL Y. SCUDDER, Circuit Judge.
Case Date:August 30, 2018
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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ERIN JESSICA EILER Plaintiff-Appellant,

v.

SOUTH DAKOTA HUMAN SERVICES CENTER and EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Defendants-Appellees.

No. 18-1133

United States Court of Appeals, Seventh Circuit

August 30, 2018

NONPRECEDENTIAL DISPOSITION

Submitted August 30, 2018 [*]

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 16 C 4665 Amy J. St. Eve, Judge.

Before DIANE S. SYKES, Circuit Judge, DAVID F. HAMILTON, Circuit Judge, MICHAEL Y. SCUDDER, Circuit Judge.

ORDER

The South Dakota Human Services Center declined to hire Erin Eiler. She responded by suing the Center and the Equal Employment Opportunity Commission, alleging that the Center did not hire her because she was disabled, and the EEOC failed to rectify that problem. The district court dismissed her complaint. Because it correctly reasoned that it did not have personal jurisdiction over the Center and that Eiler neither timely served the EEOC nor stated a valid claim against it, we affirm.

The Center rejected Eiler's application to work as a counselor. She filed a charge of discrimination at the South Dakota Department of Labor and Regulation, alleging that the Center did not select her because of an unspecified disability. When the Department dismissed the charge after finding no violation, it informed her that she could request review by the EEOC. Eiler did so by turning to the Chicago office of the EEOC, which issued her a right-to-sue letter after adopting the Department's findings.

Dissatisfied with the lack of administrative relief, Eiler sued the Center and the EEOC in the Northern District of Illinois under various employment statutes including the Americans with Disabilities Act, 42 U.S.C. §§ 12101-12213. She alleged that the "defendant interfered with the plaintiff's exercise of and equal enjoyment of rights by discriminating against plaintiff based on disabilities." Eiler applied to proceed in forma pauperis, but the district court denied her request and, once she failed to pay the filing fee, dismissed her lawsuit. We affirmed that decision as a valid exercise of discretion. Eiler v. S. D. Human...

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