Wojcik v. Crown Castle USA, Inc.
MEMORANDUM Order: For the reasons stated in this memorandum order, defendant's Affirmative Defense 1 is stricken as insufficient in law, while Complaint paragraph 10 remains in Wojcik's pleading. Signed by the Honorable Milton I. Shadur on 1/9/2017:Mailed notice(clw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
CROWN CASTLE USA, INC.,
a Pennsylvania Corporation,
Case No. 16 C 10452
Crown Castle USA, Inc. ("Crown Castle") has just filed its Answer and Affirmative
Defenses ("ADs") to the Title VII action brought against it by its ex-employee Teresa Wojcik
("Wojcik"). This brief memorandum order is issued sua sponte to address this AD 1 advanced
by Crown Castle:
To the extent that Count I complains of discrete acts of gender discrimination
occurring outside the 180-day charge filing period for filing a Title VII claim,
such acts are untimely and not actionable.
That AD obviously targets Complaint ¶ 10, which narrates a course of disparate treatment
to which Wojcik was assertedly subjected throughout her employment with Crown Castle
(Complaint ¶ 8, which has been admitted by Crown Castle, alleges that Wojcik "was the only
female construction manager when she was hired and throughout her employment"). What AD 1
fails to recognize is that discriminatory acts that are not separately actionable because they are
outside the statutory period for filing a Title VII claim are still appropriate for a plaintiff's
pleading because they may be relevant for evidentiary purposes (for example, by being probative
as to a discriminatory mindset on the part of an employer). Hence AD 1 is stricken as
insufficient in law, while Complaint ¶ 10 remains in Wojcik's pleading.
Milton I. Shadur
Senior United States District Judge
Date: January 9, 2017
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