Dist. Ct. properly dismissed Count I of plaintiffs’ claim that defendants-prospective employer and union official conspired to generate hiring scheme that prevented plaintiffs and other Hispanic and Latino applicants from beginning required pre-employment testing to obtain jobs at prospective employer’s plant, where basis of dismissal was plaintiffs’ failure to exhaust their EEOC remedies, since plaintiffs’ allegation that they were never allowed to begin pre-employment testing was not misconduct that was contained in their EEOC charge. However, Dist. Ct. erred in dismissing Count II of plaintiff’s complaint on same basis, since plaintiffs’ claim that defendants’ skill tests resulted in disparate impact on Hispanics and Latino applicants, where said testing produced primarily black work force, was consistent with conduct described in plaintiffs’ EEOC charge.
Federal 7th Circuit Court