Full opinion text
MEMORANDUM OPINION AND ORDER MORTON DENLOW, United States Magistrate Judge. Plaintiff John S. Malozienc (“Plaintiff’), a current employee of Defendant Pacific Rail Services (“Defendant”), brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Plaintiff alleges in a two-count First Amended Complaint that Defendant discriminated against him on the basis of his race (white) and in retaliation for filing a Charge of Discrimination with the Illinois Department of Human Rights (“IDHR”). The case is now before the Court on Defendant’s motion for summary judgment on the merits as well as on Defendant’s supplemental motion for summary judgment on the issue of whether Plaintiffs complaint was timely filed. The Court held oral argument on January 21, 2009 regarding Defendant’s motion for summary judgment on the merits. At that time, Defendant informed the Court of a document Defendant received as part of additional discovery following this Court’s August 19, 2008 denial of Defendant’s motion for summary judgment on the issue of timeliness. Dkt. 73, 100. This new document was not available when the parties briefed and the Court ruled upon the timeliness issue. The Court will address the timeliness issue in light of this document below. For the following reasons, Defendant’s motion for summary judgment on the merits is granted in part and denied in part; and Defendant’s supplemental motion for summary judgment on the timeliness issue is denied. I. BACKGROUND FACTS The following facts regarding the merits of Plaintiffs suit are undisputed or presented in the light most favorable to the Plaintiff when contested. Anderson v. Liberty Lobby, 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). This Court examines the parties’ submissions in accordance with the applicable Federal Rules of Civil Procedure, Federal Rules of Evidence and Local Rules. A. Defendant’s Business and the Union Positions Available to Plaintiff Defendant is an intermodal contractor retained by railroads to load and unload large containers on and off rail cars. DS ¶ l. Plaintiff is currently employed as an operator at Defendant’s facility in Willow Springs, Illinois (“the facility”). Id. at ¶ 2. Plaintiff is a member of Local 705 of the International Brotherhood of Teamsters (“Local 705”), which began representing the non-supervisory yard employees on January 1, 2002. Id. at ¶¶2-3. As an operator, Plaintiffs primary job function is to operate one of two heavy machines — the taylor (or “sideloader”) and the overhead crane (or “lift”). Id. at ¶ 4; PI. Ex. 3. Although Plaintiff typically operates either machine, Defendant assigns Plaintiff and its other union employees to various other jobs, depending on its needs on a given day. DS ¶ 5. The collective bargaining agreement (“CBA”) that governs Plaintiffs employment divides the union positions into three positions: (1) groundman; (2) hostler (truck) driver or spotter; and (3) operator. Id. at ¶ 6. The operator position is divided into three subcategories — taylor operators, crane operators and operators who are certified to operate both machines. Id. at ¶ 7. At the facility, the Terminal Manager (“TM”) is the highest ranking on-site employee, followed by Assistant Terminal Managers (“ATM”). Id. at ¶ 11. Individuals in those two positions, as well as the Vice President of Human Resources, the Vice President of Operations and the Assistant Vice President of Operations are responsible for interpretation and administration of the CBAs. Id. at ¶ 12. An employee who is certified to operate one or both of the machines receives a corresponding wage increase irrespective of whether the employee actually operated either machine on a given day. Id. at ¶ 10. From the time Plaintiff was hired in March 2001 until February 2005, employees certified to operate either the taylor or the crane — or both — received an extra $1.00 per hour in addition to their regular hourly wage rate. Id. at ¶ 8. In February 2005, this incentive was increased to $1.50 per hour if the employee could operate one of the two machines and to $3.00 per hour if the employee could operate both machines. Id. at ¶ 9. B. Defendant’s Knowledge of Legal Obligations Defendant has a complaint procedure and a harassment policy. DR ¶¶ 1-2. It is disputed whether they were ever used with respect to Plaintiffs IDHR-related complaints. DR ¶¶ 1-2. The CBA contains a grievance procedure as well as nondiscrimination and equal employment policies. PSAF ¶¶ 1-2; PI. Ex. G at Nos. 6-9; PI. Ex. K at p. 29-32, Articles 17 and 27, § 6. The CBAs do not address the prohibition of retaliation based on an employee’s complaints of racial discrimination or harassment. PSAF ¶ 3; Pl. Ex. G at No. 15. C. Defendant’s Training and Certification Process for Operators The evidence regarding Defendant’s training and certification process is in dispute. Plaintiff presents evidence that from 2001 until 2004, Defendant had a formal training and certification practice for the taylor and crane because Defendant posted training sign-up sheets and conducted training based on seniority. PR ¶¶ 13, 20. To be certified, employees were required to train for at least eighty hours per machine. Id. Defendant denies such a formal process existed, asserting that from 2001 until it began posting sign-up lists in 2004, employees were expected to initiate the training and certification process by asking to observe an operator’s work and operating the machine under an operator’s supervision. DS ¶¶ 13-15, 20. Defendant presents evidence that since 2004, it has relied upon all of the following factors when deciding whom to train: whether an employee signed up for training, seniority, attendance, work performance, training history, desire and teamwork. DS ¶¶ 21 -22. Plaintiff, on the other hand, presents evidence that employees who sign up for training are required to receive it in seniority order. PR ¶ 21; Def. Att. 13 (regarding 2006); Pl. Ex. B at ¶¶ 5-8 (regarding 2001 through 2003); Pl. Ex. D at 31-32 (no date); Pl. Ex. I (September 2003); Pl. Ex. J (May 2005); Pl. Ex. K, Art. 6 and 15; Pl. Ex. L (July 2004); Pl. Ex. M (February 2005); MOPR, Ex. B. To this end, Article 15 of the CBA provides: “Employee seniority, and not the equipment, shall prevail for all purposes and in all instances except promotions.” Pl. Ex. K. Defendant contends training and certification occur only when a business need exists, while Plaintiff alleges certain employees were trained at any time, upon request. DR ¶ 16; PR ¶ 16. Plaintiff alleges he was required to undergo a lengthier training schedule of 440 hours. PR ¶ 15. Defendant contends training requires a minimum of several months, but it can take years because staffing needs, workload, operator availability, and work schedules can cause significant breaks in training. Id. Whether seniority is the determinative factor with respect to training under the CBAs is disputed. DR ¶¶ 30-31. Three CBAs have been in effect since Plaintiff was hired. DS ¶ 29. Defendant contends the relevant CBAs did not require it to administer training on any equipment, including the taylor and the crane, in seniority order. DS ¶ 30. It further asserts employees responsible for interpreting and administering these CBAs have never required Defendant to train employees in seniority order. Id. Defendant contends seniority has never been the sole determinant governing training and certification during Plaintiffs employment, urging it has retained sole discretion over whom to train. Id. at ¶31. As discussed above, Plaintiff presents evidence that the CBA effective from January 1, 2002 through December 31, 2005 indicates seniority is the determinative factor. PR ¶¶21, 30; Pl. Ex. K, Art. 6 & 15; Def. Art. 13; Pl. Ex. D at 31-32; Pl. Ex. I; Pl. Ex. M; MOPR, Ex. B. Defendant states that, from 2001 to 2004, when a supervisor deemed an employee capable of operating the crane or taylor, the supervisor certified the employee as a crane or taylor operator, and the employee received a corresponding permanent wage increase. DR ¶ 17. While Plaintiff denies this, it is reasonable to infer an evaluation of the employee’s skills was a prerequisite to certification. See PI. Ex. I. Three to four supervisors worked on Plaintiffs shift throughout his employment. PR ¶ 18. It is undisputed that both African-American and Caucasian supervisors shared Plaintiffs shift and were able to certify employees. DR ¶ 18. Defendant contends that since 2005, employees training on either machine have signed a sheet with the date, number of hours trained, and signatures of the trainer, ATM and TM. DR¶23. D. Plaintiffs Training and Certification on the Taylor and the Crane Plaintiff was hired in March 2001 as a groundman and spotter, at which time he received the contract wage rate for those positions. DS ¶ 25. Plaintiff has worked the third shift. PSAF ¶ 35. In or about October 2002, Plaintiff complained through his union that Defendant violated the seniority provisions of the CBA when it certified Coy Hardiman (“Hardiman”) in the taylor. DR ¶ 26, 32. Hardiman was hired on September 30, 1998; resigned on February 2, 2000; and was rehired on August 22, 2001. DS at ¶¶ 27-28. He was certified on the crane on September 13, 1999, during his first period of employment, nearly a year and a half before Plaintiff was hired. DRPSAF ¶ 9; DS ¶ 8. Although Plaintiff was not actually certified or qualified to operate either the taylor or the crane, Defendant gave Plaintiff and his African-American coworker, Nate Pates (“Pates”), the contractual $1.00 per hour wage increase in October 2002 as if they were in fact so certified. Id. at ¶¶ 32, 77. This wage increase represents the increase Plaintiff would have received had he actually been certified to operate either or both of the machines. Id. at ¶ 33. Plaintiff and Pates are the only employees at the facility who have ever received this wage increase without first being certified to operate the taylor or crane. Id. at ¶ 34. As a result of this increase, in October 2002, Plaintiff received the maximum wage allowed under the CBAs. Id. 1. Taylor Plaintiff was certified to operate the taylor on or about February 7, 2005. Id. at ¶ 34. In March 2005, Defendant increased the wage incentive from $1.00 to $1.50 per hour per machine and gave Plaintiff an additional $.50 per hour increase to bring his total incentive to $1.50 per hour. Id. at ¶ 36. Plaintiff was certified on the taylor before four of his non-Caucasian coworkers: Ricky Brown (an African-American certified on April 22, 2005); John Lopez (an Hispanic certified on March 28, 2005); Reidus Hands (an African-American certified on October 10, 2005); and Pates (an African-American certified on August 8, 2005). DS ¶ 78. Plaintiff contends Defendant’s records show Pates was never certified on the taylor. PR ¶ 78. He also claims Pates is certified, but such documents are not in his personnel file. PR ¶ 23. Plaintiff further asserts Victor Trout (“Trout”) “was never forced to be certified on the taylor.” PR ¶ 78. Whether the taylor is a less desirable machine to operate or on which to train is disputed. PSAF ¶ 5. Defendant contends this represents Plaintiffs subjective belief. DRPSAF ¶ 5. Plaintiff claims the taylor is less desirable because only one of the machines has air conditioning and the large lights on all of the machines attract bugs. PSAF ¶ 5. Whether Plaintiff was forced to train on the taylor, but Pates, Trout and Anthony Hodge (“Hodge”) were not is disputed. DRPSAF ¶ 7. Defendant admits Plaintiff is certified to operate the taylor, but Trout and Hodge are not. Id. However, Defendant contends no employee, including Plaintiff, was ever forced to train on the taylor, citing evidence Plaintiff complained to his union because he thought it was unfair Defendant had not trained him on the taylor. See DRPSAF ¶ 7; PI. Ex. A at 24-25; PR ¶26. Defendant also presents evidence it has never trained and certified Trout on the taylor despite Trout’s requests. See DS ¶ 52. In addition, Defendant contends Plaintiff voluntarily chose to train and become certified on the taylor. DRPSAF ¶ 7; PI. Ex. A at 34-36. While Plaintiff contends no non-Caucasian third shift employees operated the taylor, he presents only inadmissible evidence to support this assertion. PSAF ¶ 8. 2. Crane Plaintiff claims he signed up to receive training on the crane in 2001, 2002, and in March 2004. PR ¶ 13; PSAF ¶24. It is reasonable to infer Defendant was aware Plaintiff signed up for such training in March 2004. See PI. Ex. G at No. 3. From approximately June until October 2005, Plaintiff began crane training. DR ¶ 37. The parties dispute the reason why his training stopped in October 2005. Id. While Defendant contends it was entering its very busy holiday season, Plaintiff presents evidence that his training did not resume until November 2006. Id. at ¶¶ 37-38. Plaintiff was certified on the crane on November 27, 2006, and he immediately received the corresponding $1.50 per hour wage increase. Id. at ¶¶ 37-39. Plaintiff alleges had he been timely certified, he would have received the raise sooner. PR ¶ 39. Plaintiff also believes if he had been properly trained, certified and allowed to operate the machinery — as opposed to merely being paid for doing so— he would have earned his coworkers’ respect. PSAF ¶ 32. Specifically, Plaintiff believes his coworkers would not have ridiculed or humiliated him because he observed they were upset he was paid for work he could not and did not perform. Id. Plaintiff is the only employee on his or any shift who was certified on the crane since late 2003. DR ¶ 45. Plaintiff was also the only employee who was trained and certified on the crane in 2006. Id. at ¶ 42. Fourteen employees signed up for crane training in January 2006, six of whom were more senior than Plaintiff; eleven of whom are non-white; and none of whom had filed a charge of discrimination against Defendant with the IDHR or the Equal Employment Opportunity Commission (“EEOC”). Id. at ¶¶ 40, 41, 44. Plaintiff did not sign his name to the January 2006 sign-up sheet. Id. at ¶ 43. Although Pates was trained on the crane before Plaintiff, Pates is senior to him. See DRPSAF ¶6; PI. Ex. G at Doc. JHP0063. Plaintiff presents evidence the crane is a more desirable machine than the taylor, but Defendant contends this is Plaintiffs subjective belief. PSAF ¶ 6; DRPSAF ¶ 6. E. Victor Trout’s Training and Certification on the Crane The evidence shows Trout and Richard Hamm are the only African-American employees who are comparables for purposes of analyzing the training, certification and work assignment components of Plaintiffs race discrimination claim. Trout and Hamm are junior to Plaintiff while all other employees referenced by name are senior to Plaintiff. See PI. Ex. G, at DHR 0012-13. Plaintiff does not point to Hamm as receiving favorable treatment; thus, the Court will focus solely on Trout when analyzing similarly situated employees’ experiences with training, certification and work assignments. It is disputed whether Trout is the only African-American employee whom Plaintiff can identify by name as a comparable. DR ¶46. Initially, Plaintiff testified he did not remember the names of the other African-American employees over whom he has seniority, but he later named five African-American employees on his shift: Victor Trout (over whom Plaintiff has seniority), A1 Steward, Pates, Titus Simons, and Hodge. PR ¶ 46; PI. Ex. A, at pp. 164, 167-68. Steward, Pates, Simons and Hodge are senior to Plaintiff. See PI. Ex. G, at DHR 0012-13. Plaintiff presents evidence that he and those five individuals, along with Hardiman, Robert Master, and Hamm, worked the same shift, reported to the same supervisors, and held the same position with the same responsibilities. PR ¶ 46. Despite having less seniority than Plaintiff, Trout was trained on the crane before Plaintiff was so trained. DRPSAF ¶ 9. Defendant presents evidence that Plaintiff received the wage increase associated with crane certification on October 7, 2002, before Trout received his increase. DS ¶¶ 50-51; PL Ex. A at 24-29, 45-46. Defendant contends Trout was hired in October 2001 as a groundman and, shortly thereafter, he asked operator Hodge to train him on the crane. DS ¶ 47. Defendant alleges Hodge agreed to train Trout at Trout’s request; over the next one to two years, Trout observed Hodge operate the crane and practiced operating it himself. Id. at ¶ 48. Plaintiff alleges Trout was allowed to work in the crane when he should have been working on the ground. PR ¶ 48; Pl. Ex. A., at pp. 71-72. The significance of Trout’s training is disputed. DR ¶ 48. Plaintiff contends Trout’s training shows Defendant acted in a discriminatory manner by bypassing its practice and later stated procedure of performing crane and taylor training on a seniority basis by allowing African-Americans to be trained with a simple request. PR ¶ 48. Defendant underscores Plaintiffs admission that he did not sign the sign-up list in 2006 and was trained ahead of six employees who had greater seniority. DR ¶ 48. The Court notes Plaintiff signed up in 2004 and also claims he signed up in 2001 and 2002. Defendant alleges Trout felt comfortable operating the crane by himself in November 2003 and asked a supervisor to consider him for certification. DS ¶ 49. That supervisor agreed and, after he observed Trout operate the crane, certified Trout on November 24, 2003. Id. at ¶ 50. Plaintiff does not know the identity of the supervisor who certified Trout. Id. at ¶ 80. Trout did not receive the $1.00 per hour wage increase until he was certified to operate the crane. Id. at ¶ 51. Defendant has never trained and certified Trout on the taylor despite his requests; thus, he only receives an extra $1.50 per hour instead of the extra $3.00 per hour Plaintiff receives. Id. at ¶ 52. Plaintiffs wage rate has always been equal to or greater than Trout’s. Id. at ¶ 53. F. Plaintiffs Disciplinary History Plaintiff was disciplined both before and after he filed his IDHR charge. DR ¶ 81. Defendant contends Plaintiff was disciplined at least as much, and as often, before he filed his charge as he was afterward. DS ¶ 81. Although Plaintiff alleges neither his work performance nor attendance were issues with respect to Defendant’s treatment of him, the cited evidence fails to support this assertion. PR ¶ 81; PI. Ex. G at No. 29, No. Z.6 and Z.7. For example, while Defendant indicated “Complainant was NOT deficient in meeting the job requirements,” it also listed deficiencies with respect to Plaintiffs attendance between 2001 and 2004. PI. Ex. G at No. 29, No. Z.6 and Z.7 (emphasis in original). A number of disciplinary notices were issued with respect to Plaintiff before he filed his charge. DR ¶ 81; PI. Ex. G at No. 5. Plaintiff does show three disciplinary actions were resolved in his favor through the grievance process — his November 2001 voluntary resignation and his suspensions in July 2005 and in 2006. PI. Ex. G at No. 5, citing DHR055 and No. 33, citing JHP0004-0006; PI. Ex. E at 74. In any event, only one disciplinary action issued before Plaintiff filed his charge was resolved in his favor through the grievance process. PI. Ex. G at No. 5, citing DHR055; PI. Ex. E at 74. In the three-year period prior to Plaintiffs filing of his charge, he was disciplined on at least eight occasions — including a termination subsequently rescinded only with the intervention of Plaintiffs union — for infractions involving unsatisfactory work performance, attendance, safety violations, and causing an accident. DS ¶ 82; Def. Att. 25. G. Plaintiffs IDHR Charge Plaintiff filed his IDHR charge on April 15, 2004. Def. Att. 19. In his charge and subsequent two amendments, Plaintiff alleges that (1) on April 15, 2004, he was not promoted to the position of crane operator on the basis of his race and that Defendant unlawfully promoted Trout instead of Plaintiff; (2) Defendant retaliated against Plaintiff when it issued him the two written warnings of July 30, 2004 and August 11, 2004; and (3) Defendant further retaliated against Plaintiff when ATM Richard Jones referenced Plaintiffs IDHR charge over the two-way radio system used by Defendant personnel and when Jon-Martin Wendt twice assigned hitch-pulling duties to Plaintiff. DS ¶¶ 67, 68, 69, 71; Def. Att. 19, 20, 21, 22. Plaintiff filed an amended charge on September 1, 2004, alleging Defendant retaliated against Plaintiff when it issued him the two written warnings on July 30 and August 11, 2004. Def. Att. 20. Plaintiff filed a second amendment on September 8, 2004, alleging Defendant further retaliated against him when ATM Richard Jones (“Jones”) referenced his charge over the two-way radio system and when ATM Jon Martin Wendt (“Wendt”) twice assigned Plaintiff hitch-pulling duties. Def. Att. 21. At his deposition, Plaintiff testified that ATM Jones made the following statement over the company’s two-way radio system in September 2004: “We don’t want to discriminate against John Malozienc’s chances of training on the taylor.” DSH 70. Plaintiff asserts Jones was never reprimanded or disciplined. PR ¶ 70. Plaintiff did not check the “continuing action” box on any of the three forms. Id. at ¶ 71. Plaintiff claims only African-American employees, and not any Caucasian employees, discriminated against him on the basis of his race. Id. at ¶ 75. Whether Plaintiff complained to Defendant about race discrimination in advance of filing his charge is disputed. DR ¶ 66. Defendant contends Plaintiff never so complained, pointing to Plaintiffs testimony: “I never, myself, complained to the Company about racial discrimination.” DS ¶¶ 66, 98-99; Def. Att. 5. Plaintiff presents evidence that he complained to Defendant about race discrimination through his union on at least one occasion, including an incident in or about May 2003, at which time Paul Garza advised Chris Smith that Smith was discriminating against Plaintiff on the basis of his race in favor of African-American third shift employees. PR ¶ 66; PI. Ex. A, at 129-132; Dkt. 1, at ¶8. Plaintiff also presents evidence that he complained to Paul Garza (“Garza”), a union representative, about an African-American supervisor who treated a group of African-American employees better than Plaintiff. Id.; PL Ex. A, at pp. 129-32. H. Plaintiffs July 30 and August 11, 2004 Written Warnings On July 30, 2004, Plaintiff received a written warning from ATM Wendt for failing to verify he moved the correct container to the correct rail track. DS ¶ 54. Plaintiff was issued a written warning on August 11, 2004 for failing to call in his August 4, 2004 absence. Id. Whether Plaintiff called on August 4, 2004 to report he was not coming to work is disputed. DRPSAF ¶ 25. Plaintiff alleges he called, but he presents only inadmissible evidence that the tower refused to accept his call. PR¶ 54. At his deposition, Plaintiff had no recollection of the incidents that prompted the written warnings on July 30, 2004 and August 11, 2004; he now alleges he was not given the opportunity to review the warnings, but subsequently did so and now recalls the incidents. PR ¶ 55. Defendant presents evidence that Wendt and Walker issued the July 30 and August 11, 2004 written warnings, respectively, DR ¶¶ 54, 56. TM Barry Tolchin’s name appears on the August 4, 2004 warning. DS ¶ 56. Defendant contends Tolchin did not actually issue or participate in administering the warning, but Plaintiff alleges he observed Tolchin’s administrative assistant, James Walker, verbally provide Tolchin with information regarding warnings. Pl. Ex. B, ¶ 21. Pursuant to Defendant’s procedure for issuing written warnings for attendance issues in 2004, Walker typed the warning based on information one of Plaintiffs supervisors provided to him. DS ¶ 57. Walker typed Tolchin’s name on many written warnings regarding attendance issues, even though Tolchin was not involved in issuing these warnings and did not work on Plaintiffs shift. Id. at ¶ 58. Plaintiff presents evidence that Walker did not, and does not, work on his shift. PR ¶ 58. Tolchin’s name appears on the written warnings regarding attendance problems that have been issued to many employees, none of whom have filed an IDHR or EEOC charge. DS ¶ 59. Wendt has issued multiple written warnings for infractions similar to those for which Plaintiff was written up on July 30, 2004, and none of those employees have filed an IDHR or EEOC charge. Id. at ¶ 60. Defendant asserts Wendt and Walker did not learn of Plaintiffs IDHR charge until at or around December 2005, at which time Plaintiff filed his Complaint. DS ¶¶ 61, 91; Dkt. 1. This statement is undisputed as to Wendt. PR ¶¶ 61, 91. With respect to Walker, Plaintiff presents evidence that in September 2004, Tolchin told Walker in Plaintiffs presence to provide Plaintiff with a copy of his personnel file, “or else the Illinois Department of Human Rights and its attorneys would enforce the request.” PR ¶ 91; Pl. Ex. B at ¶ 31. Thus, Plaintiff presents evidence that Walker became aware of Plaintiffs charge as of September 2004. Ultimately, however, Plaintiff does not present evidence that either Wendt or Walker were aware of his charge at the time of these two written warnings, and Plaintiff suffered no loss of pay as a result of these actions. PR at ¶ 62. I. Plaintiff’s Work Assignments on August 26 and August 27, 2004 Assignments for all union employees, including Plaintiff, are made on a day-to-day basis. DS ¶ 89. On August 26 and August 27, 2004, Defendant assigned him to perform hitch-pulling duties, which require an employee to assist in the hoisting of a large container using a hitch. DS ¶ 63; DR ¶ 90. All employees of all job classifications were assigned all of the jobs about which Plaintiff complains, including hitch-pulling and grounding. Id. at ¶¶ 88, 90. Plaintiff can be asked to act as a ground-man on any given day, and he has done so both before and after he filed his charge. Id. at ¶ 102. While Defendant contends job assignments at the facility, including to the taylor and crane, are not made on the basis of seniority (DS ¶ 79), Plaintiff presents Article 15 of the CBA to show seniority governs. Pl. Ex. K. The parties dispute the basis upon which hitch-pulling duties are assigned, as well as the reasons why Plaintiff was assigned to perform those duties on August 26 and August 27, 2004. DR ¶¶ 64, 90. Defendant contends that at all relevant times, including in 2004, it has assigned hitch-pulling and all other duties based on its business needs during a shift — not on the basis of seniority. Id. Which employees are assigned hitch-pulling duties is also disputed. Defendant contends operators, groundmen, spotters and hostler drivers all engage in such duties when necessary. Id. at ¶ 65. Defendant asserts numerous African-American employees and non-charge-filing employees have been, and are regularly, assigned hitch-pulling duties by each of the supervisors on Plaintiffs shift, including in 2004. Id. However, Plaintiff presents evidence to demonstrate seniority governs these assignments. PR ¶ 90. Specifically, Plaintiff points to Articles 6 and 15 of the CBA. See Pl. Ex. K at Articles 6, 15. Plaintiff claims Defendant’s practice was to assign junior employees to perform hitch-pulling duties, but he was assigned those duties even when junior employees were available. PR ¶ 64; Pl. Ex. A at 123. Plaintiff also contends if he were certified as an operator, he would have worked as a groundman less frequently. PR ¶ 64; Pl. Ex. A at 32-33, 178. In essence, Plaintiffs contention is he was assigned to hitch-pulling duties more often than junior employees because his operator certification was withheld. Id. Walker’s testimony supports Plaintiffs contention: “If you’re operating that particular day, I’m not going to pull you out of a crane and ask you to pull hitches.” Pl. Ex. E at 95. J. Plaintiffs Allegations Regarding Misuse of the Company Radio Plaintiff alleges African-American employees ridiculed him in person after he soiled himself. DRPSAF ¶28; see also Dkt. 1. The comments Plaintiff references in his First Amended Complaint were made by anonymous coworkers over Defendant’s two-way radio system. DS ¶ 83; Dkt. 21. The comments were crude, sophomoric grunts, groans and jokes mimicking Plaintiff with respect to two circumstances when he defecated on himself in 2001 and 2003. DS ¶83. Plaintiff alleges Defendant’s policies prohibit the misuse of radios, including the manner in which the radios were used to harass Plaintiff. PR ¶ 83. While it is undisputed that no employee was ever reprimanded or disciplined with respect to the misuse of the radios, whether supervisors engaged in these radio communications and whether it was possible to reprimand the individuals are disputed issues. DS ¶ 83-84; PR ¶ 83-84. Defendant contends no supervisors engaged in the behavior and further argues because the noises were made by unidentified, anonymous coworkers, it was impossible to discipline anyone. DS ¶ 84. While Plaintiff does not know whether supervisors engaged in this behavior, he contends it is also impossible for Defendant to know given its claim unidentified individuals made the noises. PR ¶ 84. Plaintiff also asserts Defendant could have addressed the issue at one of the daily safety meetings with the small number of employees who worked on the third shift. Id. The parties also dispute when the comments and noises were made over the radio. DS ¶ 86; PR ¶ 86. Plaintiff avers they occurred before and after he filed his charge. Id. Plaintiff complained to Craig Zarnecki (“Zarnecki”) about the issue; he was satisfied with Zarnecki’s response only to the extent the comments and noises were no longer made to his face; he was dissatisfied the conduct continued — and still continues — over the radio. PR ¶ 86-87. Other employees were teased over the radio by their coworkers, and this type of radio horseplay was and is common, even though it is not permitted. DS ¶ 85. Plaintiff presents evidence that radio safety was an important concern for Defendant. PR ¶ 85. Plaintiff also argues Jones called meetings of third shift employees to threaten group punishment if employees did not stop whistling at other employees over the radio. PR ¶ 85. According to Plaintiff, the whistling stopped following Jones’ threats, but Jones never addressed the noises directed at Plaintiff. Id. K. Plaintiffs Additional Allegations Regarding Race Discrimination Plaintiff alleges African-American employees received better treatment. In Summer 2001 and February 2003, Plaintiff observed African-American supervisors Maceo Cotton (“Cotton”), Everett and Chris Smith pick up African-American employees in the van during extremely cold weather and give them breaks, to the exclusion of Caucasian groundmen. PSAF ¶ 11. Whether African-American supervisors allowed African-American employees to take longer breaks than Plaintiff was allowed to take is disputed. DRPSAF ¶ 13. Plaintiff claims in October 2003, he observed an African-American supervisor allow African-American employees to remain on break after Plaintiff was ordered to return to work. PSAF ¶ 13; PL Ex. A at 126-28. Plaintiff alleges he was threatened with a write-up for taking a coffee break at that time. PSAF ¶ 13. African-American employees were not allowed longer breaks as of approximately late 2004 or early 2005. Pl. Ex. A at 128-29. Plaintiff believes non-Caucasian employees used their vacation days easily, while he complains he was given a difficult time by at least one non-white supervisor and Walker. PSAF ¶ 15. However, this is unsupported by the evidence and amounts to mere speculation, as Plaintiff lacks personal knowledge about his coworkers here. Whether African-American supervisors permitted African-American employees to refer to Caucasian employees as “hillbillies” or “rednecks” is disputed. DRPSAF ¶ 12. Plaintiff alleges such supervisors failed to admonish the employees in Plaintiffs presence. Id. Cotton used the term “hillbilly” when speaking to Caucasian employees. PSAF ¶ 14. Defendant contends such a term is not offensive to Plaintiff, however, because Plaintiff testified he did not believe the title of the television show “The Beverly Hillbillies” is offensive. DRPSAF ¶ 14; PI. Ex. A at 78. Plaintiff alleges he complained to Walker that Pates was being treated more favorably than he was, but Walker told Plaintiff not to worry about Pates, but to “worry about your own kind.” DRPSAF ¶ 10. Walker and Pates are African-American. PSAF ¶ 10. Plaintiff asserts “Paul Garza was pretty sure that Plaintiff was not the only white employee against whom Defendant discriminated, including an incident involving white employee Perry Bersaw.” PSAF ¶ 17. Plaintiff claims Walker told him he should quit. PSAF ¶ 16. Plaintiff reports it seemed as if Walker harassed white employees. DRPSAF ¶ 16; PI. Ex. A at 141. Plaintiff claims Cotton, an African-American supervisor, followed him when he used the washroom, which commenced in 2002 and increased in frequency after he filed his charge. PSAF ¶ 29. Whether Defendant maintains its records poorly is disputed. DRPSAF ¶ 33. Plaintiff claims Defendant misidentifies employees’ races and fails to specify the machines on which employees are certified. PSAF ¶ 33. Plaintiff contends “Defendant has also double-certified black operators, resulting in double raises,” indicating “Charles Waller is one example.” PSAF ¶ 36. Defendant admits Waller is certified on the taylor and crane and is entitled to the corresponding wage increases. DRPSAF ¶ 36. See PI. Ex. B at ¶ 32 and attachments 2394, 2475, and 2852. Plaintiff presents evidence that on June 19, 1997, Defendant determined Waller was a qualified operator and was therefore entitled to the corresponding wage increase; and that on June 23, 2003, Waller received a raise “due to becoming qualified crane operator.” See id. L. Events Following the Filing of Plaintiffs IDHR Charge Other non-charge-filing employees have been disciplined for the same reasons for which Plaintiff has been disciplined. DR ¶ 103. I. July 2005 Suspension In July 2005, Walker issued Plaintiff a no-call/no-show warning in Tolchin’s name. Id. at ¶ 92. Walker believed Plaintiff was taking sick leave at the time but he subsequently learned, after Plaintiff explained Walker was mistaken, that Plaintiff was taking vacation leave. DR ¶ 93. Plaintiff contends it was Tolchin’s decision to make Plaintiff grieve the disciplinary action even though Tolchin knew Walker had been mistaken. PR ¶ 93. Plaintiff presents evidence he took sick leave on July 18 and 19, 2005; was not scheduled to work the following two days, July 20 and 21, 2005; but was scheduled to take paid vacation leave the next three days, July 22, 23 and 24, 2005. PR ¶ 94. Plaintiff claims Walker changed Plaintiffs July 22, 23 and 24 scheduled “paid vacation” to unpaid FMLA leave and never changed Plaintiffs July 18 and 19 sick leave from “unexcused leave” to excused FMLA leave, which caused Plaintiff to be suspended for one day. Id. Whether Walker mistakenly, but honestly, took these actions is disputed. DR ¶ 96. Defendant contends Walker honestly, but mistakenly, assumed Plaintiff was taking sick leave — not vacation leave — ■ over the next two days because Plaintiff was out sick for the prior two days. DS ¶¶ 94-95. Defendant further claims when Plaintiff failed to call during the two-day period for which he was disciplined, Walker mistakenly, but honestly, counted this as a no-call/no-show when Plaintiff was actually on vacation leave. Id. at ¶ 96. Plaintiff presents evidence of the surrounding circumstances to challenge both contentions. PR ¶¶ 95-96. Ultimately, after the mistake was brought to Walker’s attention, he rescinded the discipline. Id. at ¶ 97. Plaintiff contends he spent two months grieving his suspension, during which time Tolchin defended Walker’s write up despite evidence that Walker had erroneously disciplined Plaintiff. PR ¶ 97. Plaintiff does not present evidence with respect to Tolchin’s intent; however, it is reasonable to infer Tolchin defended Walker because Walker had issued the suspension in Tolchin’s name. DR ¶¶ 56, 58-59. Whether Plaintiff suffered a loss of pay as a result of this incident is disputed. Id. at ¶ 98. Plaintiff claims he did not receive a paycheck for two weeks as a result of Walker’s classification of Plaintiffs paid vacation as unpaid FMLA leave and that he did not receive his back pay during the two-month period in which he grieved the suspension. PR ¶ 98. While Plaintiff claims he was not provided the contractually required time for an investigation of his wrongdoing prior to being suspended, the CBA does not support Plaintiffs assertion. See PSAF ¶2; PI. Ex. K at Art. 24, 25. Specifically, Plaintiffs cited evidence only supports the position that the union has fifteen days within which to investigate an employee’s suspension and file a grievance, not that Defendant must wait fifteen days before suspending Plaintiff. See DRPSAF ¶ 21. 2. April 2006 Disciplinary Action The circumstances surrounding an April 2006 disciplinary action are also disputed. DR ¶¶ 99-101. While it is undisputed Plaintiff was issued a suspension notice and the disciplinary action was subsequently rescinded, whether a suspension was warranted and whether Plaintiff served a suspension are disputed. DR ¶ 99. Defendant contends the suspension notice was never carried out and was rescinded. Id. Defendant also claims Plaintiff received the suspension notice because he failed to notify Walker he was out sick and failed to provide a written doctor’s excuse until after Walker had already mailed the disciplinary notice. Id. While Plaintiff presents evidence that he served a one-day suspension and that he called to report his absence, he fails to identify when he provided a doctor’s note. Thus, Defendant’s assertion that Plaintiff failed to provide a written doctor’s excuse until after Walker had already mailed the disciplinary notices is deemed admitted. Id. Although it is undisputed this discipline was ultimately rescinded, the surrounding circumstances are disputed. DR ¶ 100. Defendant contends it rescinded the discipline after Plaintiff gave Walker the written doctor’s excuse, even though its attendance policy does not require it to do so where an employee fails to call to report absences. DS ¶ 100. Plaintiff presents evidence that he notified Walker of his absence; was forced to file a grievance because Walker and Tolchin did not voluntarily rescind the discipline; and waited one week to receive back pay for the date of his suspension. PR ¶ 100. Plaintiff received pay for the rescinded suspension. Id. at ¶ 101. 3. Other Allegations Plaintiff alleges three additional events occurred following the filing of his IDHR charge. First, a supervisor, Darryl Delaney (“Delaney”), told employees no one would be able to “use their seniority to bump into a truck anymore.” PSAF ¶ 18. Plaintiff does not present evidence to show Delaney blamed Plaintiff for this change. Id. Plaintiff testified this occurred after he filed his charge. PI. Ex. A at 146-48. Second, Plaintiff claims he was denied a chance to work in Memphis. PSAF ¶ 20. Defendant presents evidence that Plaintiff did not ask to work in Memphis because he testified he had “no idea” how employees were selected to work in Memphis; and Plaintiff did not identify the names or races of the decision makers or of the employees who went to Memphis. DRPSAF ¶ 20; PI. Ex. A at 180-81. Third, Plaintiff claims Wendt required him to work outside on the ground on a freezing night shift even though more junior employees were available. PSAF ¶ 22. Plaintiff did not have proper outerwear, and thus required medical attention. Id. The evidence Plaintiff presents indicates Jones was not involved in the decision to require him to work outside that night, as Jones was not involved until Plaintiff went into an office to warm up. PI. Ex. A at 208-09. When Plaintiff did so, Jones was in the office and called an ambulance for him. Id. Plaintiff does not recall when this incident occurred. Id. at 211. Whether Wendt was aware Plaintiff had filed an IDHR charge at this time is disputed. See PR ¶ 91. M. Facts Relevant to the Timeliness Issue As discussed above, on August 19, 2008, this Court denied Defendant’s motion for summary judgment on the issue of timeliness. Malozienc v. Pacific Rail Services, 572 F.Supp.2d 939 (N.D.Ill.2008). (Dkt. 100) (“August 19, 2008 Opinion”). The Court adopts and incorporates the facts as they existed as of the August 19, 2008 Opinion. This Memorandum Opinion and Order sets forth only those additional facts the parties provided in their supplemental pleadings. The additional discovery the Court permitted following the entry of its August 19, 2008 Opinion revealed a December 17, 2004 communication from Plaintiff to the EEOC and the IDHR. The circumstances surrounding this newly discovered evidence are disputed. On December 17, 2004, Plaintiff dated and signed a document, which states as follows: “I am withdrawing Charge Number 2004CF3000 from the Illinois Department of Human Rights and hereby request a Right to Sue Notice from EEOC on the following Charge: EEOC Number: 21BA41770” (“December 17, 2004 document” or “the document”). PSR ¶ 104; Def. Supp. Att. 1; Def. Supp. Att. 2, at 278-280. Plaintiff presents evidence that he signed, dated and returned the document pursuant to the instructions he received from the IDHR investigator in response to his request that the investigation of his charge be withdrawn from the IDHR in favor of the EEOC. PSR ¶¶ 104, 105; Def. Supp. Att. 2, at 280-86; Pl. Supp. Ex. 1, at ¶¶ 6-18; Pl. Supp. Ex. 6 (Pl. Dep. Exs. 16-18). Plaintiff thoroughly read the document before returning it to the IDHR as instructed. PSR ¶¶ 105, 106; Def. Supp. Att. 2, at 280-86; Pl. Supp. Ex. 6 (Pl. Dep. Exs. 16-18). Plaintiff presents evidence that he understood the document would effectuate his request to transfer his charge to the EEOC for investigation. PSR ¶ 106; Def. Supp. Att. 2, at 282-86; Pl. Supp. Ex. 6 (Pl. Dep. Exs. 16-18). Plaintiff sent two documents to the IDHR regarding the withdrawal of his charge, including the December 17, 2004 document. PSR ¶ 108. Specifically, Plaintiff returned to the IDHR the document along with another form, both of which were sent to him by the IDHR in response to his request to transfer his charge to the EEOC. PSR ¶¶ 105, 106, 108; Def. Supp. Att. 2, at 281-86; PL Supp. Ex. 6 (Pl. Dep. Exs. 16-18). One of these forms was provided to him in error, as the IDHR investigator told Plaintiff he was uncertain as to which forms the IDHR had previously sent Plaintiff in response to his request to transfer the investigation. PSR ¶ 108; Def. Supp. Att. 2, at 282-286; Pl. Supp. Ex. 6 (Pl. Dep. Exs. 16-18). While Plaintiff never contacted the EEOC or the IDHR to inquire as to the meaning of the December 17, 2004 document or to learn which form was correct, he presents evidence that he spoke with the IDHR investigator on the telephone regarding the multiple withdrawal forms the IDHR sent to him in response to his transfer request. PSR ¶ 107; DAS ¶¶ 107, 110; Def. Supp. Att. 2, at 278-89. When he returned the two forms to the IDHR, Plaintiff knew that one of the forms was incorrect in that it would not operate to transfer his charge to the EEOC. DASH ¶ 110. However, Plaintiff testified that he returned both documents simultaneously because the IDHR representative had expressed confusion regarding which documents the IDHR had sent to Plaintiff in response to his request. Def. Supp. Att. 2, at 285; Pl. Ex. 6 (Pl. Dep. Exs. 16-18). Plaintiff testified that he did not want to further delay the transfer of the investigation of his charge from the IDHR to the EEOC by returning only the incorrect form. PSR ¶ 110; Def. Supp. Att. 2, at 285; Pl. Supp. Ex. 6 (Pl. Dep. Exs. 16-18). While Defendant contends Plaintiff understood the function of a right-to-sue notice as of May 4, 2005, Defendant fails to provide evidence that Plaintiff had such an understanding in December 2004. PSR ¶ 109. To the contrary, Plaintiff presents evidence that he did not understand the function of a right-to-sue notice as of December 2004. Def. Supp. Att. 2, at 283. II. LEGAL STANDARD A court may grant summary judgment when the “pleadings, the discovery, and discovery materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). A genuine issue of material fact exists when “the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” Anderson, 477 U.S. at 255, 106 S.Ct. 2505. The movant bears the burden of establishing that there exists no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Hedberg v. Ind. Bell Tel. Co., 47 F.3d 928, 931 (7th Cir.1995). The party bearing the burden of proof on any issue at trial may not rest on the pleadings, but must “designate specific facts showing that there is a genuine issue for trial.” Celotex, 477 U.S. at 324, 106 S.Ct. 2548. In deciding a motion for summary judgment, the court can only consider evidence that would be admissible at trial under the Federal Rules of Evidence. Stinnett v. Iron Works Gym/Executive Health Spa, Inc., 301 F.3d 610, 613 (7th Cir.2002). The evidence is viewed in the light most favorable to the non-movant and “all justifiable inferences are to be drawn in his favor.” Anderson, 477 U.S. at 255, 106 S.Ct. 2505. Summary judgment is inappropriate when alternate inferences can be drawn from the evidence, as the choice between reasonable inferences from facts is a jury function. Id.; Spiegla v. Hull, 371 F.3d 928, 935 (7th Cir.2004). The Court accepts the non-moving party’s version of any disputed facts only if it is supported by relevant, admissible evidence. Bombard v. Fort Wayne Newspapers, Inc., 92 F.3d 560, 562 (7th Cir.1996). The summary judgment standard is applied with scrutiny in employment discrimination cases, which often rely on issues of intent and credibility. Krchnavy v. Limagrain Genetics Corp., 294 F.3d 871, 875 (7th Cir.2002). III. DISCUSSION A. Continuing Violation Doctrine Title VII requires a plaintiff to file an EEOC charge within 300 days of the discrimination or harassment. 42 U.S.C. 2000e-5; Nat’l R.R. Passenger Corp. v. Morgan, 536 U.S. 101, 110, 122 S.Ct. 2061, 153 L.Ed.2d 106 (2002). Defendant argues the Court should not consider acts alleged to have occurred prior to the 300-day period preceding the April 15, 2004 filing of Plaintiffs IDHR charge. Defendant seeks to limit Plaintiffs allegations of race discrimination to those within the 300-day period from June 20, 2003 to April 15, 2004. Invoking the continuing violation doctrine, Plaintiff argues consideration of acts outside the 300-day period is appropriate. See id. at 105, 122 S.Ct. 2061. This Court agrees. In Morgan, the Supreme Court explained when a plaintiff may rely on the continuing violation doctrine to recover for discriminatory acts outside the 300-day limitations period. The doctrine functions differently according to the type of act alleged — “discrete” discriminatory acts or acts contributing to a hostile work environment. Id. at 114-15, 122 S.Ct. 2061. With respect to “discrete” acts, each act “starts a new clock for filing charges” on the date the act “occurred.” Id. at 113, 122 S.Ct. 2061. Any discrete acts outside the limitations period are time-barred even though they may relate to other discrete acts within the period. Id. at 112-13, 122 S.Ct. 2061. Examples of discrete acts include “termination, failure to hire, failure to promote, denial of transfer, or refusal to hire.” Id. at 114, 122 S.Ct. 2061. With such acts, “[e]ach incident of discrimination and each retaliatory adverse employment decision constitutes a separate actionable ‘unlawful employment practice.’ ” Id. In contrast, with respect to acts contributing to a hostile work environment, the Court explained the “very nature” of such claims involves “repeated conduct” that “may not be actionable on its own.” Id. at 115, 122 S.Ct. 2061. Instead, “such claims are based on the cumulative effect of individual acts.” Id. Thus, “consideration of the entire scope of a hostile work environment claim, including behavior alleged outside the statutory time period, is permissible for the purposes of assessing liability, so long as any act contributing to that hostile environment takes place within the statutory time period.” Id. at 105, 122 S.Ct. 2061. The Court reasoned the “incidents constituting a hostile work environment are part of one unlawful employment practice.” Id. at 118, 122 S.Ct. 2061. Applying the Morgan framework, this Court must “determine whether the acts about which an employee complains are part of the same actionable hostile work environment practice.” Id. at 120, 122 S.Ct. 2061. If the acts are so related, this Court must ascertain “whether any act falls within the statutory period.” Id. The Seventh Circuit’s analysis in Lucas v. Chicago Transit Authority is instructive. As Lucas notes, “[t]he concept of cumulation suggests a critical limiting principle. Acts ... so discrete in time or circumstances that they do not reinforce each other cannot reasonably be linked together into a single chain, a single course of conduct, to defeat the statute of limitations.” 367 F.3d 714, 727 (7th Cir.2004); see also Lapka v. Chertoff, 517 F.3d 974, 981 (7th Cir.2008) (finding doctrine applied where plaintiff referred to a series of concrete events, the cumulative effect of which formed a “single unlawful employment practice”). In Lucas, the court examined the nature of the Plaintiffs allegations to determine whether they constituted a hostile work environment claim because the plaintiff failed to point to actions that contributed to such a claim. Id. at 724-25. Thus, the court examined the Plaintiffs brief “to assess whether he may have a hostile work environment claim that merits the inclusion of otherwise barred claims.” Id. The plaintiff made only two references to support such a claim: that his supervisor retaliated against him four years before he filed his EEOC charge and that his affirmative action unit found cause for discrimination but failed to discipline the supervisor. Id. at 725. Ultimately, the continuing violation doctrine did not apply because the plaintiff failed to point to an act that was part of the same hostile work environment claim and that fell within the limitations period. Id. at 725-28. In view of this case law, and drawing all reasonable inferences in favor of Plaintiff, the acts about which Plaintiff complains can reasonably be linked together into a single chain or course of conduct to defeat the statute of limitations. See Lucas, 367 F.3d at 727; Lapka, 517 F.3d at 981. Plaintiff repeatedly refers to the negative workplace environment in his pro se Complaint; First Amended Complaint, which was filed by appointed counsel; and materials filed in response to the motion at issue. See Dkt. 1, 15, 77, 78. Such allegations describe “efforts either by coworkers or supervisors to make the workplace intolerable or at least severely and discriminatorily uncongenial to [Caucasians] (‘hostile work environment’ harassment).” See Eager v. Commonwealth Edison Co., 187 F.Supp.2d 1038, 1038 (N.D.Ill.2002) (citing Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 752, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998)). Plaintiff argues the range of conduct he alleges constitutes an adverse action under Nichols v. Southern Ill. Univ.-Edwardsville, 510 F.3d 772 (7th Cir.2007) (explaining an adverse action for purposes of a discrimination claim can result where “conditions in which [Plaintiff] works are changed in a way that subjects [him] to a humiliating, degrading, unsafe, unhealthful, or otherwise significantly negative alteration in [his] workplace environment”). Although some of these acts occurred outside the 300-day filing period, they are related to those acts alleged to constitute a discriminatory training and certification process that occurred on an ongoing basis during the filing period. Viewed in a light most favorable to Plaintiff, his allegations support a pattern of similar conduct consistent with the “very nature” of hostile work environment claims that involve “repeated conduct” that “are based on the cumulative effect of individual acts.” See Morgan, 536 U.S. at 115, 122 S.Ct. 2061. In effect, Defendant urges the Court to drastically limit Plaintiffs allegations and treat them as isolated events devoid of contextual significance. This Court declines to do so. Considering the entire spectrum of repeated conduct is appropriate, as the allegations regarding the nature of the work environment are relevant and should be considered in context. For purposes of this doctrine, this Court gives Plaintiff the benefit of the doubt and reviews his claims in totality. Moreover, this is not a stand alone claim for failure to promote at a specific time. Here, it is reasonable to view the series of acts about which Plaintiff complains as part of the same actionable hostile work environment claim. While Plaintiff did not expressly label his claim as such a claim, this Court finds the Morgan analysis applies given the continuous nature of the conduct Plaintiff alleges and the fact that courts examine the nature of claims to determine whether a discrete act or hostile work environment analysis is appropriate. This Court disagrees with Defendant’s assertion that the continuing violation doctrine does not apply because Plaintiff did not check the “continuing action” box or otherwise indicate in his charge that Defendant’s conduct constituted a continuing action. For a claim to be fairly encompassed within an EEOC charge, it must be “like or reasonably related” to the charge, and could be expected to grown out of the allegations in the charge. See Gawley v. Indiana Univ., 276 F.3d 301, 313 (7th Cir.2001). As discussed above, the nature of Plaintiffs claim is reasonably related to the issues raised in his IDHR charge, which alleged a discriminatory certification and promotion practice, harassment by his supervisors with respect to job assignments and a “mocking” reference to Plaintiff over the company radio. One of the central purposes of the employment discrimination charge is to put employers on notice of “the existence and nature of the charges against them.” EEOC v. Shell Oil Co., 466 U.S. 54, 77, 104 S.Ct. 1621, 80 L.Ed.2d 41 (1984). This Court finds Plaintiff provided Defendant with such notice. Moreover, this Court declines to deem a pro se Plaintiffs failure to check the “continuing action” box as fatal to his claim and notes his appointed counsel subsequently alleged the violations described in Plaintiffs charge “were and remain continuing violations.” Dkt. 15. Finally, Defendant argues this Court should not consider retaliatory acts alleged to have occurred after the September 8, 2004 filing of Plaintiffs second amendment to his IDHR charge. Defendant contends the alleged acts occurring after Plaintiffs September 2004 filing of his two amendments are outside the scope of his retaliation charge. Applying the above framework, this Court disagrees. Viewed in a light most favorable to Plaintiff, there is a nexus between Plaintiffs claims in that they constitute the same ongoing unlawful employment practice that involved a range of discriminatory, harassing, and retaliatory behavior. In sum, this Court finds the continuing violation doctrine applies, rendering review of the entire spectrum of Plaintiffs discrimination and retaliation allegations appropriate. B. Race Discrimination A Title VII race discrimination claim can survive summary judgment if the plaintiff presents either direct or circumstantial evidence of discrimination (the “direct method”) or indirect evidence that satisfies the three-part, burden shifting test set forth in McDonnell Douglas Corp. v. Green (the “indirect method”). See 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Phelan v. Cook County, 463 F.3d 773, 779-782 (7th Cir.2006). Defendant argues Plaintiffs claims fail under both methods. Plaintiff avers he establishes triable issues of fact under both methods. 1. Direct Method Plaintiff argues his claim survives summary judgment because he provides sufficient circumstantial evidence of discrimination. To prevail using the direct method, a plaintiff must “essentially [show] an admission by the decision-maker that his actions were based on the prohibited animus.” Radue v. Kimberly-Clark Corp., 219 F.3d 612, 616 (7th Cir.2000). Because such admissions are rare, a plaintiff can also show a “ ‘convincing mosaic’ of circumstantial evidence that ‘allows a jury to infer intentional discrimination by the decision-maker.’ ” Jordan v. City of Gary, Ind., 396 F.3d 825, 832 (7th Cir.2005). Circumstantial evidence must directly show there was a “discriminatory reason [behind] the employers’ action.” Id. Defendant contends Plaintiff fails to make such a showing. This Court agrees. Plaintiff relies solely on circumstantial evidence, arguing substantial evidence of disparate treatment based on race exists. In so doing, Plaintiff points to three contentions: “non-white third shift employees were routinely treated better than Plaintiff; participation by the putative Human Resources employee (Walker) as well as by non-white third-shift supervisors in unjust activities; and multiple findings that adverse actions were unjust, i.e. the resolution of multiple grievances in Plaintiffs favor.” Dkt. 77, citing PR ¶¶ 99, 100, 103. Under the direct method, a plaintiff can rely upon circumstantial evidence such as “ambiguous statements oral or written, behavior toward or comments directed at other employees in the protected group ..., [and] evidence ... that employees similarly situated to the plaintiff [but not members of the protected class] received systematically better treatment.” Sinio v. McDonald’s Corp., 2007 WL 869553, at *7, 2007 U.S. Dist. LEXIS 24174, at *21-22 (N.D.Ill. Mar. 19, 2007). However, “stray remarks that are neither proximate nor related to the employment decision are insufficient to defeat summary judgment.” Nichols, 510 F.3d at 781-82. Plaintiff relies upon Phelan, in which the plaintiff was terminated shortly after filing a medical leave request related to verbal abuse and physical assaults she suffered at the hands of coworkers and supervisors. 463 F.3d at 781-82. The Phelan court found the plaintiff produced “an abundant body of evidence sufficient to establish a question of material fact,” as there was undisputed evidence that she was physically assaulted by employees and supervisors whose motivations were gender-related. Id. at 781. Moreover, human resources threatened to terminate her if she continued to complain about gender-related mistreatment and the individual who terminated her made discriminatory comments to her before ultimately doing so. Id. at 782. Here, Plaintiff cites to three specific responses to Defendant’s Local Rule 56.1 Statement — Responses to Paragraphs 99, 100 and 103. However, as discussed above, Plaintiff fails to present any evidence to refute Defendant’s statement in Paragraph 103, and he likewise fails to present evidence to refute parts of Defendant’s statements in Paragraphs 99 and 100. Thus, Plaintiff admits other non-charge filing employees have been disciplined for the same reasons for which he has been disciplined. The remaining circumstantial evidence presented in Plai