occurred before the effective date of the Civil Rights Act of 1991, only Title VII applies. Hence, Jaskowski is not entitled to general damages on Count III of her complaint.
G. Scope of Plaintiff's EEOC Charge
Defendants seek to limit Count II to claims contained within Jaskowski's EEOC charge and to strike those allegations which ostensibly exceed the scope of the charge. Specifically, defendants contend that certain allegations--that there was a (1) disparity in the responsibility afforded Jaskowski and her replacement, (2) that Jaskowski was discriminated against based on her illness, her husband's employment and income status, her marital status, and her status as a working mother, in addition to her gender and pregnancy, and (3) that a "glass ceiling" existed for women's salaries at Rodman & Renshaw--fall beyond the charges outlined for the EEOC.
It is, of course, well established that a Title VII plaintiff may not include claims in a complaint that are not encompassed in the predicate EEOC charge. See, e.g., Babrocky v. Jewel Food Co., 773 F.2d 857 (7th Cir. 1985); D'Aquino v. Citicorp/Diner's Club, Inc., 750 F. Supp. 960 (N.D. Ill. 1990). What makes application of this policy difficult in the instant case is the ambiguity surrounding the use to which Jaskowski intends to put the information contained in her interrogatory responses.
For example, in her Response, Jaskowski declares that she "seeks no relief with respect to her 'degree of responsibility claim' and intends to advance no such 'claim' at trial." Plaintiff's Response at 12. This declaration suggests, by omission, that Jaskowski does intend to pursue relief for discrimination based on the additional factors outlined in her updated interrogatory response and for wage discrimination based on evidence of a "glass ceiling." Although it remains somewhat unclear whether the evidence she cites is offered to support the wage discrimination claim laid out in the EEOC charge (i.e. that Garvey was paid more than Jaskowski because of his gender), or whether it is intended to provide independent grounds for Title VII relief, for the purposes of this motion, we will assume that Jaskowski seeks independent relief based on her gender-plus and glass ceiling claims, and determine whether, if so tendered, they fall within her EEOC charge.
Allowing a plaintiff to bring claims outside the scope of an EEOC charge would permit the plaintiff to circumvent the agency's investigatory and conciliatory function. If, however, the contested allegations are like or reasonably related to the original allegations contained in the charge, then they may be included in a complaint. Babrocky, 773 F.2d at 864. In her EEOC complaint, Jaskowski claimed that she had been discriminated against based on her sex in that (1) Rodman & Renshaw hired a male replacement during her medical leave and paid him roughly $ 20,000 more than Jaskowski, (2) that the company failed to rehire her, either to her former position or a comparable one, despite assurances to the contrary, (3) that she had been offered a demoted position at lower pay, (4) that in similar situations, after medical leave, men had returned to their old jobs, (5) that Rodman & Renshaw's asserted need to hire a replacement was simply a pretext for sex discrimination, and (6) that the company hosted a hostile work environment for women, manifested by various comments about Jaskowski's pregnancy, women's breasts, and a "woman's proper place." Defendants' Exh. K. The question presented, then, is whether Jaskowski's new allegations are like or reasonably related to her EEOC charge.
Jaskowski case is stronger with respect to her glass ceiling evidence. It is obvious from her EEOC charge that Jaskowski believes defendants discriminated between men and women in setting salary levels. Whether her charge specifically referred to a glass ceiling or not, Jaskowski clearly intended to establish wage discrimination based on gender. Given this, we find that these "new" allegations (i.e. the evidence of a glass ceiling) fall within the original EEOC charge, and Jaskowski may offer evidence of a glass ceiling for women's salaries.
Jaskowski's gender-plus theory of discrimination falls further afield of her predicate EEOC charge. That is, there is nothing in Jaskowski's charge to indicate that she intended to claim discrimination based on anything other than her gender and her condition of pregnancy. While Title VII prohibits discrimination based on factors other than pregnancy and gender, it does not protect all classes of people. See, e.g., Whitmore v. Board of Education of DeKalb, 1992 U.S. Dist. LEXIS 4688 at *16, 90 C 20143 (N.D. Ill. March 18, 1992) ("The clear language of [Title VII] does not enumerate marital status as a protected class, and discrimination based on marital status standing alone does not violate the protected classification of sex.") To the extent that the additional bases for discrimination outlined by plaintiff purport to represent separate protected classes (i.e. classes outside the bounds of a gender discrimination claim), they clearly exceed the scope of Jaskowski's EEOC charge and we do not hesitate to find that they are not properly before the Court.
Moreover, to the extent that Jaskowski contends that discrimination based on any of these factors, standing alone, constitutes gender discrimination, her efforts similarly fall short. Jaskowski offers no support for the notion that marital status, parental status, income earning ability of a spouse, illness, or second pregnancy (as distinct from pregnancy itself) are factors of independent significance in determining whether an employer accused of gender discrimination violated Title VII.
Without any authority for this proposition, we cannot conclude that discrimination based on these alleged factors falls within the EEOC charge. Accordingly, admission of evidence of unequal treatment based on marital status, parental status, income and employment of spouse, and illness depends upon its probative value to the gender discrimination claims properly before the Court.
For the foregoing reasons, we grant in part and deny in part defendants' motion for summary judgment. It is so ordered.
MARVIN E. ASPEN
United States District Judge