Cervantes v. Ardagh Grp.

914 F.3d 560
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 29, 2019
DocketNo. 17-3536
StatusPublished
Cited by131 cases

This text of 914 F.3d 560 (Cervantes v. Ardagh Grp.) 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
Cervantes v. Ardagh Grp., 914 F.3d 560 (7th Cir. 2019).

Opinion

Ripple, Circuit Judge.

Juan Cervantes brought this action against his employer, Ardagh Group ("Ardagh"), alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. , and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq . ("IHRA"). The complaint asserted that Ardagh had refused to promote him, had issued him performance warnings, and had demoted him because of his race and national origin and in retaliation for previous complaints about discrimination and *563harassment. The district court granted summary judgment in favor of Ardagh.

The district court's decision is correct. Mr. Cervantes did not exhaust his administrative remedies for his discrimination claims. His retaliation claim also must fail because there is no evidence of a causal connection between any protected activity by Mr. Cervantes and an adverse employment action by Ardagh. Accordingly, we affirm the judgment of the district court.

I

BACKGROUND

Mr. Cervantes began his career at Ardagh in 1991 as a pallet loader. He was promoted to fork lift driver in 1998 and to electro-mechanic in 2000. His complaint followed an incident that took place in 2015. Taking the facts in the light most favorable to Mr. Cervantes,1 on June 20, 2015, after completing his shift, he remained at the Ardagh facility to assist his father, a fellow Ardagh employee, with fixing a machine. During this second shift, supervisor Katina Stewart attempted to call Mr. Cervantes on his radio, but could not reach him. When Stewart located Mr. Cervantes in the facility, he explained that he had not responded to the radio calls because he was not working a second shift; he was only staying past his shift to help his father. Stewart informed Mr. Cervantes that if he was not accepting assignments for the second shift, he must leave the facility. He eventually complied. Stewart reported the incident, and Mr. Cervantes was written up for insubordination and temporarily suspended. Following an investigation, Ardagh demoted Mr. Cervantes from electro-mechanic to forklift driver.

On September 3, 2015, Mr. Cervantes filed a charge with the Illinois Department of Human Rights ("IDHR"). In the section of the form titled "Discrimination Based On," Mr. Cervantes checked only the box for "Retaliation."2 He did not check the box for race, national origin, or any other basis of discrimination. The IDHR commenced an investigation into his allegations, seeking additional information from Mr. Cervantes and from Ardagh. By March 31, 2016, Mr. Cervantes had retained counsel, who sent a letter to IDHR on his behalf in response to the agency's questions about the charge. On July 13, 2016, the IDHR dismissed Mr. Cervantes's charge, finding a lack of substantial evidence to support his allegations.

On December 5, 2016, Mr. Cervantes filed a complaint in the district court. He alleged that Ardagh had violated Title VII and the IHRA by failing to promote him, issuing him performance warnings, and demoting him based on his race and national origin and in retaliation for his previous complaints about harassment and discrimination. Ardagh moved for summary judgment on all claims, and the district court granted that motion.3

The district court first determined that Mr. Cervantes could not proceed on his *564claims for race and national origin discrimination because he had failed to exhaust his administrative remedies and because these allegations were not reasonably related to his retaliation charge. The district court then concluded that Mr. Cervantes had failed to state a claim for retaliation because he had not established that he engaged in protected activity. He also failed to offer any evidence that his supervisors were aware of any complaints he raised and therefore did not demonstrate a causal connection between any protected activity and an adverse employment action. The district court entered judgment in favor of Ardagh on November 14, 2017, and Mr. Cervantes timely appealed.

II

DISCUSSION

We review the district court's grant of summary judgment de novo. Ortiz v. John O. Butler Co. , 94 F.3d 1121, 1124 (7th Cir. 1996). "We will not resolve factual disputes or weigh conflicting evidence," but "will only determine whether a genuine issue of material fact exists for trial." Id. As we noted earlier,4 this inquiry requires that we "view the evidence and draw all inferences in a way most favorable to the nonmoving party." Id. "If the nonmoving party fails to establish the existence of an element essential to his case, one on which he would bear the burden of proof at trial, summary judgment must be granted to the moving party." Id.

A.

Mr. Cervantes first submits that the district court erred when it determined that he had not exhausted his administrative remedies for his claims of discrimination based on race and national origin. We cannot accept this argument.

In general, a plaintiff can only bring claims under Title VII or the IHRA that he has included in the original charge filed with the Equal Employment Opportunity Commission ("EEOC") or the IDHR.5 Sitar v. Indiana Dep't of Transp. , 344 F.3d 720, 726 (7th Cir. 2003). This limitation serves two purposes. It affords the employer some notice of the conduct underlying the employee's allegation. It also "affords the agency and the employer an opportunity to attempt conciliation without resort to the courts." Rush v. McDonald's Corp., 966 F.2d 1104, 1110 (7th Cir. 1992).

Here, Mr. Cervantes initially filed a charge with the IDHR and checked only the box for discrimination based on retaliation. He did not check the box for discrimination based on race, national origin, or any other protected characteristic. He described the "particulars" of his charge as follows:

I began my employment with Respondent [Ardagh] in or around May 1991. My current position is Forklift Driver. A family member filed EEOC Charge No. 210-1998-00397 against Respondent.

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Bluebook (online)
914 F.3d 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cervantes-v-ardagh-grp-ca7-2019.