United States Seventh Circuit

In an employment-discrimination case, district court's grant of summary judgment for defendant on grounds that the plaintiff failed to timely file a charge with the EEOC is vacated and remanded where defendant failed to show absence of a genuine factual dispute over whether plaintiff's charge had been timely filed via fax where it was not the plaintiff who had to prove receipt, but the defendant who had to prove the absence of receipt- the fax confirmation creates a factual dispute sufficient to preclude summary judgment.

Appellate Information

• Argued 08/04/2009
• Decided 08/20/2009
• Published 08/20/2009

Judges

• FLAUM, Circuit Judge., Before FLAUM, KANNE, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ronald E. Weldy, Attorney, Weldy & Associates, Brian J. Paul, Attorney, Ice Miller, Indianapolis, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Mark W. Ford, Attorney, Ice Miller, Indianapolis, IN, for Defendant-Appellee.