In Simko v. United States Steel Corp, an employment discrimination case, Plaintiff asserted a claim of retaliation against his former employer under the Americans with Disabilities Act, 42 U.S.C. ยง 12101 et seq. In 2013, Plaintiff signed an Equal Employment Opportunity Commission (EEOC) charge alleging only discrimination based on disability in violation of the ADA against U.S. Steel. In 2016, Plaintiff filed an amended charge, which included a claim of retaliation. After the EEOC concluded its investigation in 2019, Plaintiff filed this lawsuit, asserting only a single count of retaliation. The District Court dismissed the complaint, holding that Plaintiff failed to file a timely EEOC charge asserting his retaliation claim. The Third Circuit affirmed, concluding that the retaliation claim was distinct from the underlying EEOC charge of discrimination based on disability and, therefore, needed to be raised first in a timely filed charge.
