Stoecklein v. Illinois Tool Works, Inc., 83 C 6640.

Citation589 F. Supp. 139
Decision Date16 April 1984
Docket NumberNo. 83 C 6640.,83 C 6640.
PartiesRobert J. STOECKLEIN, Plaintiff, v. ILLINOIS TOOL WORKS, INC., a Delaware corporation, Defendant.
CourtUnited States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)

Miriam F. Miquelon, Miquelon, Cotter & Daniel, Ltd., Chicago, Ill., for plaintiff.

Gordon B. Nash, Gardner, Carton & Douglas, Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

This action arises out of defendant Illinois Tool Works' ("ITW") termination, or forced retirement, of plaintiff Robert W. Stoecklein ("Stoecklein"). Stoecklein alleges in Count I that ITW violated the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634, by demoting him and later terminating him because of his age. Included in the complaint are two state law claims over which Stoecklein asks this Court to exercise pendent jurisdiction. Count II is a tort claim for retaliatory discharge, based on the Illinois public policy against age discrimination embodied in the Illinois Human Rights Act ("IHRA"), Ill.Rev.Stat. ch. 68, § 1-101 et seq. Count III is a tort claim for intentional infliction of emotional distress. ITW has moved to dismiss all three counts of the complaint. For the following reasons, we deny ITW's motion as to Count I but grant it as to Counts II and III.

Factual Background

The allegations of the complaint and the attached EEOC charge, which we must accept as true for purposes of a motion to dismiss, Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 1686, 40 L.Ed.2d 90 (1974), establish the following facts.

Stoecklein, who was fifty-seven years old at the time of the alleged discrimination, was employed continuously by ITW for more than twenty-six years, from October 17, 1955 to December 31, 1981.1 During that time, he performed his work in a competent and satisfactory manner and received promotions, merit salary increases and letters of commendation.

Prior to December of 1980, Stoecklein was Manager of the Power Tools Department. During that month, however, he was transferred to a different department and demoted to Product Manager. In December of 1981, his new position was eliminated, and he was terminated. Contrary to prior company practice and policy regarding the elimination of positions, ITW made no effort to relocate or transfer Stoecklein to another position within the company. Stoecklein further alleges that at the same time he was terminated, others were also forced to retire, ITW having established a pattern of involuntary retirement for many in his same age group.

The facts and occurrences leading to Stoecklein's termination are not entirely clear. Stoecklein was first informed, orally, in September that his position might be eliminated and then later that he would be terminated as of December 31, 1981, rather than transferred. During October, he was informed that others were to be terminated also, as of October 31, 1981. All these employees were in their fifties or early sixties. He was told on October 16 that he would have to leave with the others on October 31. In the end, Stoecklein apparently continued working at least until December 1, 1981, the date alleged in the EEOC charge, although in his complaint he gives a termination date of December 31, 1981.

Stoecklein alleges also that, to his knowledge and belief, ITW replaced him with younger workers to fill available positions within his qualifications, and that ITW refused to rehire him for any such positions. Finally, Stoecklein alleges that ITW's discriminatory conduct towards him was wilful within the meaning of the ADEA, 29 U.S.C. § 626(b), in that it was done in known violation of the ADEA and with motivation to engage in a pattern of discrimination against older employees.

On June 1, 1982, Stoecklein filed a charge of discrimination with the Equal Employment Opportunity Commission ("EEOC"). On May 4, 1983, the EEOC informed Stoecklein it would not proceed further with his case. He filed the present action on September 21, 1983.

Count I

Count I of Stoecklein's complaint alleges that ITW has discriminated against him because of his age in violation of the Age Discrimination in Employment Act. ITW argues that Stoecklein's ADEA claim should be dismissed because his charge was not filed with the EEOC within 180 days of the alleged discriminatory act, which it claims is required by the ADEA, 29 U.S.C. § 626(d)(1). ITW asserts that Stoecklein knew at least by November 11, 1981, (and arguably by October 16) that his position was to be eliminated, since on that date and prior to that date, he executed documents evidencing his intent to retire in lieu of discharge. Those documents are attached to ITW's motion to dismiss. In addition, ITW cites Stoecklein's own EEOC charge attached to his complaint, which gives December 1, 1981, as Stoecklein's final termination date. Using either of these dates, the EEOC charge was filed more than 180 days after Stoecklein had knowledge of the alleged discrimination.

Stoecklein answers by asserting (1) that December 31, 1981, is the appropriate date, but that in any case the exact date of his termination is an issue of fact which should not be resolved on a motion to dismiss; (2) that ITW has waived its right to object to the timeliness of the EEOC charge because it failed to raise that issue during administrative proceedings; and (3) that in any case Stoecklein is entitled to a 300-day filing period under the ADEA, 29 U.S.C. § 626(d)(2). Because we conclude that the 300-day filing period is applicable in this case and that therefore the EEOC charge was timely filed using any of the possible trigger dates, we need not reach Stoecklein's first two contentions.

The ADEA, 29 U.S.C. § 626(d), establishes two different limitation periods for the filing of charges with the EEOC, 180 days as a general rule, but 300 days in so-called deferral states which have their own enforcement agencies to combat age discrimination.2 Section 626(d) reads as follows:

No civil action may be commenced by an individual under this section until 60 days after a charge alleging unlawful discrimination has been filed with the Commission. Such a charge shall be filed —
(1) within 180 days after the alleged unlawful practice occurred; or
(2) in a case to which section 633(b) of this title applies, within 300 days after the alleged unlawful practice occurred, or within 30 days after receipt by the individual of notice of termination of proceedings under State law, whichever is earlier.
Upon receiving such a charge, the Commission shall promptly notify all persons named in such charge as prospective defendants in the action and shall promptly seek to eliminate any alleged unlawful practice by informal methods of conciliation, conference, and persuasion.

Section 633(b) of the ADEA describes deferral states to which the 300-day limitation is applicable and establishes further requirements for commencement of suit in such deferral states:

(b) In the case of an alleged unlawful practice occurring in a State which has a law prohibiting discrimination in employment because of age and establishing or authorizing a State authority to grant or seek relief from such discriminatory practice, no suit may be brought under section 626 of this title before the expiration of sixty days after proceedings have been commenced under the State law, unless such proceedings have been earlier terminated: Provided, That such sixty-day period shall be extended to one hundred and twenty days during the first year after the effective date of such State law. If any requirement for the commencement of such proceedings is imposed by a State authority other than a requirement of the filing of a written and signed statement of the facts upon which the proceeding is based, the proceeding shall be deemed to have been commenced for the purposes of this subsection at the time such statement is sent by registered mail to the appropriate State authority.

ITW argues that, although Illinois is a deferral state because the IHRA prohibits age discrimination and establishes an agency to enforce the Act, in order to take advantage of the 300-day limitation period Stoecklein must first file a timely charge with the Illinois Department of Human Rights ("IDHR"), which is the agency charged with enforcement of the IHRA. Since Stoecklein has failed to allege that he has filed any charge with the IDHR, ITW asserts that the 180-day period applies.

In support of its contention, ITW cites three cases from the Northern District of Illinois holding that a plaintiff must show that he has filed a charge with the IDHR within Illinois' 180-day filing period in order to take advantage of the 300-day filing period of § 626(d)(2). O'Young v. Hobart Corp., 579 F.Supp. 418 (N.D.Ill.1983); McGuire v. Peter Eckrich & Sons, Inc., 32 F.E.P. Cases 933 (N.D.Ill.1983); and Lowell v. Glidden-Durkee, Div. of SCM Corp., 529 F.Supp. 17 (N.D.Ill.1981). Contra, Curto v. Sears Roebuck & Co., 552 F.Supp. 891 (N.D.Ill.1982). In reaching that conclusion, the decisions cited by ITW rely on the Supreme Court's statement of the congressional purpose behind creation of the 300-day filing period, "to give state agencies an opportunity to redress the evil at which the federal legislation was aimed, and to avoid federal intervention unless its need was demonstrated." Lowell, 529 F.Supp. at 22 quoting Mohasco Corp. v. Silver, 447 U.S. 807, 821, 100 S.Ct. 2486, 2495, 65 L.Ed.2d 532 (1980) . The district courts reason that allowing a plaintiff to file an untimely charge with the IDHR and still take advantage of the 300-day filing period undermines the very purpose for which the extended filing period was created, since the state agency no longer has the opportunity to consider and resolve the charge of employment discrimination. Complainants who wish could simply bypass state proceedings entirely, in contravention of the congressional policy behind the extended filing period, by...

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