Bahri Begolli v. Home Depot, U.S.A.

701 F.3d 1158, 2012 U.S. App. LEXIS 24546, 96 Empl. Prac. Dec. (CCH) 44,689, 116 Fair Empl. Prac. Cas. (BNA) 1057, 2012 WL 5951635
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 29, 2012
Docket12-1875
StatusPublished
Cited by55 cases

This text of 701 F.3d 1158 (Bahri Begolli v. Home Depot, U.S.A.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bahri Begolli v. Home Depot, U.S.A., 701 F.3d 1158, 2012 U.S. App. LEXIS 24546, 96 Empl. Prac. Dec. (CCH) 44,689, 116 Fair Empl. Prac. Cas. (BNA) 1057, 2012 WL 5951635 (7th Cir. 2012).

Opinion

POSNER, Circuit Judge.

The plaintiff sued Home Depot and one of its personnel managers claiming that the company had refused to hire him because of his national origin, which is Albanian, in violation of Title VII. According to the defendants, another of the firm’s personnel managers had called the plaintiff on August 27, 2007, and told him he wouldn’t be hired. The plaintiff filed discrimination complaints with the EEOC and its Wisconsin counterpart on June 26 of the following year, which was 304 days after August 27. That was too late if indeed he was told on August 27 that he would not be hired; the 300-day period within which the employee is required by Title VII to file an administrative complaint begins to run as soon as he is informed of the allegedly unlawful employment practice. Delaware State College v. Ricks, 449 U.S. 250, 259-62, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980); Stepney v. Naperville School District 203, 392 F.3d 236, 240 (7th Cir.2004); 42 U.S.C. § 2000e-5(e)(l). The plaintiff denied that he had received such a call that day. The district judge, deciding that the plaintiffs denial presented a genuine issue of material fact and so could not be resolved on summary judgment, conducted an evidentiary hearing. The evidence presented at the hearing convinced her that the defendants were right, and so she dismissed the suit as time barred. The plaintiff has appealed, claiming that the dispute should have been re *1160 solved by a jury, not by the judge, since the plaintiff had made a timely demand to have his case tried by a jury. Compare Stewart v. RCA Corp., 790 F.2d 624, 629-30 (7th Cir.1986). Statute of limitations is a defense, and in a case in which a party is entitled to, and demands, a jury trial, defenses are tried to the jury along with the case in chief.

In ruling that a dispute over whether the plaintiff missed the deadline for filing the administrative complaint that is a prerequisite to suing can be resolved by the judge in advance of trial, even if an evidentiary hearing is required for that resolution, the district judge relied on our decision in Pavey v. Conley, 544 F.3d 739 (7th Cir.2008). That was a prisoner’s civil rights case, and the Prison Litigation Reform Act provides that “no action shall be brought [under federal law] with respect to prison conditions ... by a prisoner ... until such administrative remedies as are available are exhausted,” 42 U.S.C. § 1997e(a), see, e.g., Hurst v. Hantke, 634 F.3d 409 (7th Cir.2011). Pavey holds that the judge can resolve contested factual issues germane to whether the prisoner had exhausted his remedies under the Act even if the prisoner demanded a jury trial in his civil rights suit. See also Drippe v. Tobelinski, 604 F.3d 778, 782 (3d Cir.2010), and Wyatt v. Terhune, 315 F.3d 1108, 1119-20 (9th Cir.2003), though Wyatt, while reaching the same conclusion that we later reached in Pavey, did so on a ground that we had questioned in Pavey. 544 F.3d at 741.

The judge in the present case saw no difference between the defense in a prisoner’s civil rights suit of failure to exhaust administrative remedies and the defense in a Title VII case of having failed to file a timely administrative complaint. We see a difference. The requirement of exhaustion of administrative remedies is a requirement to submit one’s grievance to an administrative tribunal for decision before one can bring a suit. It would be odd and wasteful to allow a plaintiff who was required to exhaust his administrative remedies to bypass the administrative tribunal and sue in an ordinary court. For a jury would then be deciding whether he had been required to exhaust yet had failed to do so; and if it decided that he had failed, the trial would be aborted and the plaintiff told to pursue his administrative remedies (if still open; if not, he would be out of luck). See Pavey v. Conley, supra, 544 F.3d at 741.

Title VII, in contrast, does not require exhaustion. It states that “a charge ... shall be filed ... within three hundred days after the alleged unlawful employment practice occurred,” 42 U.S.C. § 2000e-5(e)(l), but not that an administrative proceeding shall have been conducted before the employee can file suit. Woodford v. Ngo, 548 U.S. 81, 98, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006); Doe v. Oberweis Dairy, 456 F.3d 704, 710 (7th Cir.2006). The fixing of a filing deadline is what a statute of limitations does; requiring exhaustion of administrative remedies requires more. The filing deadline is just a defense in a Title VII suit, and there is no reason to distinguish it from other defenses and therefore exclude it from the jury trial. The legislative history of the deadline, reviewed in Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393, 102 S.Ct. 1127, 71 L.Ed.2d 234 (1982), supports our characterization of the deadline as effectively a statute of limitations defense.

Noting in Pavey that often the judge resolves threshold issues in a case triable to a jury even if their resolution requires an evidentiary hearing — examples are subject-matter' jurisdiction, personal jurisdiction, and supplemental jurisdiction — we offered a generalization equally applicable to *1161 the present case: “juries do not decide what forum a dispute is to be resolved in. Juries decide cases, not issues of judicial traffic control. Until the issue of exhaustion is resolved, the court cannot know whether it is to decide the case or the prison authorities are to. In this case, should the defendants’ contention that the prisoner inexcusably failed to file a timely grievance be sustained, he would no longer have any administrative remedies. But in many cases the only consequence of a failure to exhaust is that the prisoner must go back to the bottom rung of the administrative ladder; and in such a case one could envision a series of jury trials before there was a trial on the merits: a jury trial to decide exhaustion, a verdict finding that the prisoner had failed to exhaust, an administrative proceeding, the resumption of the litigation, and another jury trial on failure to exhaust.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Untitled Case
S.D. Illinois, 2026
Untitled Case
S.D. Illinois, 2026
Gilbert v. Hughes
S.D. Illinois, 2025
Brown v. Rayford
S.D. Illinois, 2025
Coronado v. Myers
S.D. Illinois, 2025
Huckabee v. Giacomo
S.D. Illinois, 2025
Krementz v. Siddiqui
S.D. Illinois, 2025
Poor v. Jeffreys
S.D. Illinois, 2025
Zepeda v. Jeffreys
S.D. Illinois, 2025
Walker v. Thompson
S.D. Illinois, 2025
Morris v. Jeffreys
S.D. Illinois, 2024
Adams v. Basler
S.D. Illinois, 2024
Vilayhong v. Downen
S.D. Illinois, 2024
Hoskins v. Bartolotti
S.D. Illinois, 2024

Cite This Page — Counsel Stack

Bluebook (online)
701 F.3d 1158, 2012 U.S. App. LEXIS 24546, 96 Empl. Prac. Dec. (CCH) 44,689, 116 Fair Empl. Prac. Cas. (BNA) 1057, 2012 WL 5951635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bahri-begolli-v-home-depot-usa-ca7-2012.