Scott v. Brodersen Enterprises of Wisconsin/Brodersen Management

Steven Scott (plaintiff) worked at a Popeyes fast-food restaurant owned by Brodersen Enterprises of Wisconsin (Brodersen) (defendant). On May 24, 2005, an altercation arose between Scott, a Black man, and restaurant manager Doris Brown. According to Scott, Brown tried to provoke an argument, then poked Scott and yelled profanities. Scott attempted to leave, but Brown slammed his hand against a door, causing a sprained wrist. When Scott reported the incident to the restaurant supervisor the next day, the supervisor said Brown had told her that Scott used obscene, abusive language in front of customers. The supervisor suspended Scott without pay pending an internal investigation. Scott never heard from the supervisor. He was convicted for unrelated conduct later in 2005. In May 2012, while incarcerated, Scott requested his personnel file from Brodersen. The file included an incident report dated May 24, 2005, stating that Scott had cursed at Brown in front of customers and was therefore terminated. Scott concluded that the supervisor had lied about his suspension because he had been terminated immediately without any internal investigation. In August 2013, Scott filed a charge of racial and sexual discrimination against Brodersen with the Equal Employment Opportunity Commission (EEOC). The EEOC deemed the filing untimely because it was filed more than 300 days after Scott’s termination. Nevertheless, Scott sued Brodersen for discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) and 42 U.S.C. § 1981. Brodersen moved for summary judgment for untimeliness. Scott offered the discovery rule, equitable estoppel, and equitable tolling as defenses to untimeliness. The district court considered the parties’ arguments.