If you ever felt like reporting employment discrimination at work is like stepping into the Upside Down from Stranger Things, you are not alone. Employees often fear that the moment they speak up, their employer will morph into the Demogorgon and start shredding their career. In Andrew E Scroggin v Universal Protection Service, LLC, 2025 WL 3493946, the United States Court of Appeals for the Seventh Circuit demonstrated exactly how a Americans with Disabilities Act (“ADA”) disability discrimination and retaliation case can evaporate before it even begins. Not because the employee lacked evidence. Not because the employer behaved appropriately. But because a single, preventable technical mistake in the Equal Employment Opportunity Commission (“EEOC”) filing permanently destroyed the entire claim. For employees facing discrimination, retaliation, or wrongful termination, this case is a blueprint for what can go wrong when the administrative process is misunderstood or handled without proper legal guidance.
What Is Disability Retaliation And How Do Employers Get Away With It?
ADA retaliation occurs when an employer punishes an employee for opposing disability discrimination. Scroggin believed that was exactly what happened to him. According to the complaint, he worked as a security guard assigned to State Farm in Bloomington, Illinois. When he applied for a police department job, a detective contacted his supervisor, Wiseman, for a reference. Wiseman allegedly told the detective that Scroggin had “mental problems” and wanted to work only from home. Scroggin asserted that none of this was true.
Believing the comment was discriminatory, Scroggin met with Wiseman in September 2022 to complain. Shortly afterward, he was demoted, and his hourly rate dropped from twenty dollars to sixteen. Employees know this pattern all too well. Report discrimination. Suffer consequences. Get labeled as the problem rather than the victim. Those facts, if proven, support an ADA retaliation claim—especially in the hands of skilled employment law attorneys.
Practical guidance for employees:
Document everything. Write down discriminatory comments, dates, witnesses, adverse actions, and interactions with supervisors. Strong documentation supports an employee’s credibility. But documentation cannot save a claim if the EEOC filing lacks the required legal elements. That filing is the most important step in any employment law case.
Best Disability Discrimination Lawyer Blogs on Point:
- Can I Be Fired For Reporting Sexual Harassment And Discrimination At Work?
- Can My Employer Fire Me If No One Saw What Happened At Work?
- Can I Be Fired for Taking Medical Leave for Anxiety?
What EEOC Mistakes Destroy Employees’ Cases Before They Even Start?
Scroggin’s case did not turn on facts or fairness. The fatal mistake was not made during the workplace conflict. It turned on what happened when the time came to file the administrative charge. That is where too many employees lose their discrimination, retaliation, and wrongful termination claims before they even reach a courtroom.
His mistake was made on the EEOC form months after he was wrongfully fired. In January 2023, Scroggin filed a charge titled “Complaint of Sexual Orientation Discrimination.” The narrative contained only four short sentences and never mentioned disability discrimination, the comment about “mental problems,” nor the ADA. The EEOC Notice checked the Title VII box but left the ADA box blank.
That single omission ended the entire ADA retaliation claim. The Seventh Circuit Court of Appeals held that “a plaintiff may bring only claims that were included in his EEOC charge or claims that are like or reasonably related to the allegations in his charge.” Nothing in Scroggin’s filing suggested an ADA issue. The Seventh Circuit Court of Appeals further held that “omissions in statutory citations are not mere technical defects if the charge does not put the employer on notice about the employee’s asserted claims.”
Because disability discrimination and ADA retaliation were not identified, Universal had no proper notice. And without proper notice, the ADA and retaliation claims were barred as a matter of law. The Seventh Circuit Court of Appeals also emphasized that Scroggin was represented by counsel when he filed the charge, and “counseled plaintiffs… do not benefit from liberal construction.”
Translation for employees: The EEOC charge is not a casual complaint. It is the legal blueprint for your entire discrimination, retaliation, or wrongful termination case. If the protected category is missing, the claim is missing. No amount of evidence can resurrect it later.
This is why technicalities matter in employment discrimination and wrongful termination cases. A single missed box, a poorly described protected activity, or a misidentified statute can eliminate the strongest claim. An employee may feel wrongfully fired, unfairly demoted, or targeted for discrimination, but none of that matters if the EEOC charge does not correctly preserve the legal basis.
Always assume that a discrimination or retaliation case lives or dies at the EEOC stage. It is not enough to have experienced discrimination or to believe you were wrongfully fired. Your employment law rights depend on precise administrative filing.
Practical guidance for employees:
Never assume that the EEOC will interpret your story or fill in legal gaps for you. The agency processes high volumes of charges. It will not guess what you intended. If a claim is not clearly stated, it does not legally exist. Moreover, don’t hire a jack-of-all-trades attorney that “also can handle some employment stuff.” Hire the best attorney near you that focuses only on employment law.
Best Wrongful Termination Attorney Blogs on Point:
- If You Told The EEOC You’re Not Disabled, Goodbye To Your ADA Claim
- Can I Still Sue If I Missed the EEOC Right-to-Sue Email?
- The Disappointing Truth About Filing With the EEOC
Should I Get Help From An Attorney Before Filing With The EEOC?
Yes. Absolutely. The Scroggin case is a perfect example of what happens when the EEOC filing is incorrect. Scroggin believed he opposed disability discrimination. He believed his demotion and pay cut were retaliation. But because the filing identified only Title VII issues, the ADA claim was permanently lost. The Seventh Circuit Court of Appeals held that the filing controlled the scope of the case and that nothing in it signaled an ADA claim.
Employees often believe the EEOC charge is easy to complete. It is not. It is a technical legal document that determines which claims can ever be brought to court. Filing without a lawyer is like navigating a maze blindfolded while the employer watches for missteps. A skilled employment law attorney ensures that the charge identifies every applicable protected category, describes the protected activity accurately, and preserves claims for discrimination, retaliation, wrongful termination, or being wrongfully fired.
Practical guidance for employees:
If you believe you have suffered discrimination, retaliation, disability discrimination, or wrongful termination, consult an attorney before filing. This is one stage of the process where a single mistake cannot be undone.
Best Retaliation Law Firm Blogs on Point:
- EEOC: Another Reason Why Not To Go It Alone
- Miss EEOC Deadlines, Lose Your Claims
- What Is The EEOC Process Really Like?
How Do I Choose The Best Employment Lawyer For A Wrongful Termination Or Discrimination Case?
Employees facing discrimination or retaliation often search for the best employment lawyer to protect their rights. Spitz, The Employee’s Law Firm is the best choice because it is one of the largest firms in the United States dedicated solely to employee rights. Spitz has the resources to match the legal power of employers and the experience to navigate every stage of employment law litigation, including EEOC filings where cases often rise or fall.
Spitz offers a free initial consultation and a no fee guarantee, removing financial barriers for employees who have been wrongfully fired, retaliated against, or subjected to discrimination. With substantial trial experience and a long record of great results, Spitz provides both strength and empathy. When an employer violates the law, the employee deserves a lawyer who understands the stakes and fights with persistence.
If you believe you were wrongfully fired, suffered disability discrimination, faced retaliation, or need guidance with an EEOC filing, call Spitz today. Your employer already has lawyers. You deserve the best lawyer on your side as well.
Employment Lawyer Disclaimer
This employee’s rights blog provides general information about employment law, employee rights, discrimination, disability discrimination, employment discrimination, retaliation, wrongful termination, and situations where an employee may have been wrongfully fired. It is not legal advice. Employees should consult with a qualified employment lawyer or attorney for advice about their specific circumstances. No promises are being made regarding outcomes. Reading this blog does not create an attorney-client relationship. This blog is a legal advertisement designed to help employees understand their rights and the importance of proper EEOC filing in discrimination and wrongful termination cases.