Tonkin v. Shadow Management, Inc. (Lawyers Weekly No. 002-156-14, 11 pp.) (Joseph Anderson Jr., J.) 3:12-cv-00198; D.S.C.
Holding: Even though plaintiff knew the facts behind her retaliation claim when she filed her EEOC charge, in the EEOC charge, she only alleged pregnancy retaliation and did not mention retaliation or anything that would lead the EEOC to investigate retaliation discrimination. Since plaintiff failed to exhaust her administrative remedies as to her retaliation claim, this court lacks subject matter jurisdiction over that claim.
The court grants defendant’s post-trial motion to dismiss plaintiff’s retaliation claim pursuant to Fed. R. Civ. P. 12(b)(1). The jury having found for defendant on the pregnancy discrimination claim, and the court having determined that it lacks subject-matter jurisdiction on the retaliation claim, the jury’s $50,000 punitive award (based on the retaliation claim) is set aside, and the clerk of court shall enter judgment for defendant.