form, it was clear from her description of the racial discrimination that there was a possibility that she also suffered sexual discrimination. Id. at 69. Therefore, that court held that Jenkin's claim of sexual discrimination in her complaint was reasonably related to the EEOC charges. Id.
The present case is distinguishable from Jenkins. Here, plaintiff stated in the EEOC charges only that, "the Union officials have not given my complaints and grievances the same attention and action as those filed by male employees . . . I believe that I was discriminated against because of my sex." This charge was never amended after her subsequent termination. At no time did plaintiff describe conduct by the Union that could possibly be construed as disability and age discrimination while she was describing her sex discrimination allegations. Thus, plaintiff's claims of disability and age discrimination in her amended complaint are not reasonably related to the allegations in the underlying EEOC charges. Therefore, Counts II and III against the Union are dismissed with prejudice.
II. THE COMPANY
The Company has also moved to dismiss Count III for failure to exhaust administrative remedies. Count III alleges that the Company terminated plaintiff because of her age.
As noted above, a claim not in the underlying EEOC charge is cognizable only if it is reasonably related to or growing out of the allegations made in the EEOC charge. Jenkins, 538 F.2d at 167. Here, Count III of plaintiff's complaint alleges that she was subjected to age discrimination by the Company when it terminated her employment and replaced her with a person under the age of forty. Plaintiff's original EEOC charge described only sex and disability discrimination. Because it was filed prior to her termination there was no mention of age discrimination in the original charge. Subsequent to her termination plaintiff filed two amendments to the EEOC charge. The first amendment stated only that, "I was accused of being insubordinate because I reported George Palitine for violation of Respondent's rules and would not accept Glen Stam as proper representation from the union. Palitine was reprimanded while I was suspended and later discharged." Although this statement does discuss her discharge, it does not necessarily encompass her age. Rather, this statement, read in conjunction with the rest of the EEOC charge alleging sex and disability discrimination, suggests that plaintiff believed that she was unfairly terminated on the basis of her sex and disability, not her age. Thus, Count III of her complaint is not reasonably related to the first amendment to the EEOC charge against the Company.
On January 24, 1995, plaintiff filed a second amendment to the EEOC charge against the Company. In that amendment plaintiff stated: "My union representative requested from Respondent [the Company] and permission was granted to review my personnel records. During the course of the review of my employment record I noticed that certain documents that I have never previously received (i.e. disciplinary letters) were mysteriously placed into my personnel file and other documents removed. These actions are what I believe another act of retaliation in that; Respondent [the Company] is attempting to justify my involuntary separation from Respondent [the Company]." Again, these additional statements by plaintiff do not even remotely describe the possibility that her termination was due to her age. Thus, because Count III is not reasonably related to the original EEOC charge or its amendments, that count is dismissed with prejudice with respect to the Company.
III. JURY DEMAND
Finally, both respondents have moved to strike plaintiff's jury demand. Plaintiff claims that she is entitled to a jury pursuant to the Civil Rights Act of 1991. 42 U.S.C. § 1981a(c)(1).
Prior to the Civil Rights Act of 1991, the only remedy available to a plaintiff under Title VII was equitable. Johnson v. Indopco, Inc., 846 F. Supp. 670, 675 (N.D.Ill. 1994). Such equitable remedies included reinstatement or hiring of employees and back pay. Id. As amended in 1991, however, Title VII provides for a jury trial in those instances where the plaintiff is seeking either compensatory or punitive damages instead of, or in addition to, equitable relief. Townsend v. Indiana University, 995 F.2d 691, 693 (7th Cir. 1993). Compensatory damages include damages for "emotional pain, suffering, and mental anguish," while excluding back pay. Johnson, 846 F. Supp. at 675. In her claims for relief, plaintiff has not asked for compensatory or punitive damages. She has, however, alleged suffering such damages in the body of her complaint. Thus, if plaintiff specifically requests compensatory or punitive relief in Count I of her amended complaint, then she will be entitled to a jury trial. Because plaintiff will be filing an amended complaint consistent with this opinion, the motion to strike is denied without prejudice.
The Union's motion to dismiss is granted without prejudice as to Count I, and with prejudice as to Counts II and III. The Company's motion to dismiss Count III is granted with prejudice. The motion to strike the jury demand is denied without prejudice. Plaintiff is ordered to file an amended complaint consistent with this opinion on or before the status report set for December 10, 1996.
ENTER: November 25, 1996
Robert W. Gettleman
United States District Judge
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