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Thomas v. Meister Heating & Air Conditioning, Inc.
Citation: 98 F. App'x 508Docket: No. 03-2666
Court: Court of Appeals for the Seventh Circuit; March 4, 2004; Federal Appellate Court
Sylverstine Thomas filed a lawsuit against her former employer, Meister Heating, Air Conditioning, Inc., alleging race and sex discrimination under Title VII of the Civil Rights Act of 1964. Meister moved for judgment on the pleadings, arguing that the Equal Employment Opportunity Commission (EEOC) had dismissed Thomas's discrimination charge, stating that the company employed fewer than fifteen employees, thus falling outside the scope of Title VII. The district court granted Meister's motion and denied Thomas's motion for reconsideration. In her complaint, Thomas detailed various discriminatory acts by her supervisor, including racial slurs, physical threats, and degrading treatment. She included the EEOC's right-to-sue letter, which confirmed the dismissal due to the employee count. Meister's motion referenced Thomas's acknowledgment in her complaint regarding the employee threshold. After three weeks without a response from Thomas, the court ruled in favor of Meister, citing the EEOC's findings. Thomas subsequently sought to reopen the case, claiming she believed she had 30 days to respond. The district court denied this motion, stating it lacked merit under both Federal Rules of Civil Procedure 59 and 60(b) because Thomas did not demonstrate any errors or extraordinary circumstances. On appeal, Thomas contended that Meister actually employed more than fifteen individuals and provided a list of fifteen employees, including herself, to support her claim. The rules governing motions for judgment on the pleadings were noted, emphasizing that such motions are evaluated similarly to motions to dismiss, with the nonmoving party's claims viewed in the most favorable light. The standard requires that judgment is only granted when it is evident that the nonmoving party cannot establish any facts to support their claim. The determination of whether Meister had fifteen employees is not a jurisdictional issue but a substantive element that Thomas must prove to support her claim. Despite any EEOC findings regarding Meister's employee count, this matter can be litigated independently in district court. Prior case law indicates that findings from a district court can differ from EEOC conclusions, and factual disputes regarding employee numbers must be resolved in court. Meister’s motion to dismiss claims that Thomas's complaint indicates the company employs fewer than fifteen people. However, Thomas's complaint and her EEOC right-to-sue letter do not constitute an admission of Meister employing fewer than the required number; they reflect the EEOC's position. Thomas included the right-to-sue letter as part of her complaint not to concede her claim's viability under Title VII but as required by the complaint form. The case's current stage only reveals the EEOC’s views and not definitive facts regarding Meister's employee count. The district court incorrectly granted Meister's motion, and the judgment is vacated, remanding the case for further proceedings. Additionally, Thomas's argument that her complaint should proceed under 42 U.S.C. § 1981, which does not require a minimum employee count, is waived since she did not raise this claim in the district court.