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EEOC filing isn’t last word; lawsuit can add claims

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in Employment Law,Human Resources

You may think an employee who sues for discrimination after filing an EEOC complaint can include only so much in the ensuing lawsuit. That’s not necessarily true.

Recent case: Cathy Valles filed an EEOC complaint after she was fired from her job with Allstar Erosion Control. She claimed that the owner of the company had asked her to perform a sex act, asked for photos of her in the nude and asked her how she was going to “work off” a recent raise.

When she filed her federal lawsuit, she expanded those claims to include many other incidents, including alleged comments urging Valles to have sex with another woman and numerous comments about her undergarments and breasts.

The company argued Valles couldn’t add onto the three original examples in her EEOC filing. The court disagreed. (Valles v. Frazier, et al., No. 08-CA-501, WD TX, 2009)

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