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In a 2-1 decision, a panel of the Third Circuit Court of Appeals upheld the dismissal of a retaliation suit under the ADA, where the claim was not included in, and did not relate to, the plaintiff’s original administrative charge filed with the EEOC, and a subsequent attempt to amend the charge to include the retaliation claim was untimely. The case is
Simko v. U.S. Steel Corp.
Underlying the majority’s decision is a unique set of facts. Specifically, in August 2012, during his employment as a larryman in the blast furnace at the United States Steel Corp. (U.S. Steel) mill in Braddock, Pa., plaintiff Michael Simko successfully bid on an open spellman position in the transportation department. While training for the position, Simko requested a two-way radio to accommodate his hearing impairment, which U.S. Steel failed to provide. Although he completed the training for the spellman position, Simko’s trainer did not