Cummings v. Princeton University, 2016 U.S. Dist. LEXIS 150376 (D.N.J. Oct. 31, 2016)

Title VII exhaustion requirement not met by information provided in EEOC intake questionnaire.

The plaintiff filed a race discrimination claim under Title VII, and Princeton moved to dismiss the claim based upon the plaintiff’s failure to exhaust his administrative remedies before the EEOC. The plaintiff had filed an EEOC Charge, but the Charge noted disability as the basis of the claim. In opposition to the motion to dismiss, the plaintiff pointed to the contents of the EEOC intake questionnaire in which allegations of race discrimination were set forth. In rejecting the plaintiff’s argument, the court concluded that the scope of the exhaustion requirement was limited to the claims set forth in the Charge and that supplemental allegations in the questionnaire could not be bootstrapped to it.

 

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