By: S.C. Lawyers Weekly staff//March 17, 2014
By: S.C. Lawyers Weekly staff//March 17, 2014
Youmans v. City of North Charleston (Lawyers Weekly No. 002-064-14, 8 pp.) (David Norton, J.) 2:11-cv-03227; D.S.C.
Holding: In his EEOC charge, plaintiff only alleged that he was fired because of his race; accordingly, plaintiff’s hostile environment claim is procedurally barred.
The magistrate judge’s recommendation is accepted in part. Defendant’s motion for judgment on the pleadings is granted as to plaintiff’s hostile environment claim but denied as to his discriminatory discharge claim. Plaintiff’s motion to amend his complaint is denied because, since the proposed amendment relates only to his procedurally barred hostile environment claim, the amendment would be futile.