Virgil T. WHEELDON, Plaintiff-Appellant, v. MONON Corp., Defendant-Appellee, 946 F.2d 533 (7th Cir. 1991). · Go Syfert
Virgil T. WHEELDON, Plaintiff-Appellant, v. MONON Corp., Defendant-Appellee, 946 F.2d 533 (7th Cir. 1991). Cases Citing This Book View Copy Cite
61 citation events (22 in the last 25 years) across 10 distinct courts.
Strongest positive: Offereins v. Discover Financial Services (ilnd, 2025-09-22)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 39 distinct citers. How cited ↗
discussed Cited as authority (rule) Offereins v. Discover Financial Services
N.D. Ill. · 2025 · confidence medium
The Seventh Circuit has held that claims of age “discrimination based on an economic factor closely correlated with age” is actionable and “should be examined on a case-by-case basis.” Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir. 1991); see, e.g., Adams v. Ameritech Servs., Inc., 231 F.3d 414, 428 (7th Cir. 2000) (summary judgment opinion).
discussed Cited as authority (rule) Allen Bedynek Stumm v. Robert Wilkie
7th Cir. · 2019 · confidence medium
See Marshall-Mosby v. Corporate Receivables, Inc., 205 F.3d 323, 327 (7th Cir. 2000) (we will not review sua sponte non-jurisdictional statute of limitations defenses); Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir. 1991) (Age Discrimination in Employment Act’s statute of limitations is not jurisdictional).
discussed Cited as authority (rule) Allen Bedynek Stumm v. Robert Wilkie
7th Cir. · 2019 · confidence medium
See Marshall-Mosby v. Corporate Receivables, Inc., 205 F.3d 323, 327 (7th Cir. 2000) (we will not review sua sponte non-jurisdictional statute of limitations defenses); Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir. 1991) (Age Discrimination in Employment Act’s statute of limitations is not jurisdictional).
cited Cited as authority (rule) Fleischer v. Accesslex Institute d/b/a Access Group
N.D. Ill. · 2018 · confidence medium
Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir. 1991).
discussed Cited as authority (rule) Monroe v. Columbia College Chicago
N.D. Ill. · 2018 · confidence medium
Taking all reasonable inferences in his favor with the current Complaint, however, his EEOC Charge was untimely. the plaintiff’s excusable ignorance of the limitations period and on the lack of prejudice to the defendant.” Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir. 1991).
discussed Cited as authority (rule) McElligott v. United Parcel Service
N.D. Ill. · 2018 · confidence medium
“Equitable tolling ‘often focuses on the plaintiff’s excusable ignorance of the limitations period and on the lack of prejudice to the defendant.’” Id. (quoting Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir. 1991)).
cited Cited as authority (rule) Vergara v. Dal Ponte
N.D. Ill. · 2018 · confidence medium
Hentosh, 167 F.3d at 1174 (citing Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir. 1991) (citation omitted)).
discussed Cited as authority (rule) Prestwick Capital Management, Ltd. v. Peregrine Financial Group, Inc.
7th Cir. · 2013 · confidence medium
Sch., 167 F.3d 1170, 1174 (7th Cir.1999) (grant of equitable estoppel “should be premised on ... improper' conduct as well as ... actual and reasonable reliance thereon”); Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991) (same); see also John Hancock Life Ins.
discussed Cited as authority (rule) Angiulo v. United States
N.D. Ill. · 2012 · confidence medium
“The doctrine of equitable estoppel, where the plaintiff alleges improper conduct on the part of the defendant, is a more generous doctrine than the doctrine of equitable tolling-which adjusts the rights of two innocent parties.” Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991).
discussed Cited as authority (rule) Giacometti v. Arton Bermuda Ltd. (In Re Sia)
Bankr. D. Haw. · 2006 · confidence medium
“Dismissal on statute of limitations grounds can be granted pursuant to Rule 12(b)(6) only if the assertions of the complaint, read with the required liberality, would not permit the plaintiff to prove that the statute was tolled.” In re Cases Filed by DIRECTV, Inc., 344 F.Supp.2d at 651 . “[Ejquitable tolling ‘permits a plaintiff to avoid the bar of the statute of limitations if despite all due diligence he is unable to obtain vital information bearing on the existence of his claim.’ ” Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir.1991) (citation omitted).
cited Cited as authority (rule) Kathy J. Smith v. John E. Potter, Postmaster General of the United States
7th Cir. · 2006 · confidence medium
Sch., 167 F.3d 1170, 1174 (7th Cir.1999); Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991).
cited Cited as authority (rule) Smith, Kathy J. v. Potter, John E.
7th Cir. · 2006 · confidence medium
Sch., 167 F.3d 1170, 1174 (7th Cir. 1999); Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir. 1991).
cited Cited as authority (rule) In Re African-American Slave Descendants Litigation
N.D. Ill. · 2005 · confidence medium
Finch Univ. of Health Sci./The Chicago Medical School, 167 F.3d 1170, 1174 (7th Cir.1999) (quoting Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991)).
discussed Cited as authority (rule) Hoagland v. TOWN OF CLEAR LAKE, INDIANA
N.D. Ind. · 2004 · confidence medium
Hoagland claims that this doctrine applies here, largely because Clear Lake allegedly misrepresented “the existence of extant ordinances ... supporting its lawsuit against the Hoaglands.” (Pl.’s Resp. at 23.) But equitable estoppel requires reasonable reliance on the misrepresentation, LaBonte, 233 F.3d at 1053 ; Wheeldon v. Manon Corp., 946 F.2d 533, 537 (7th Cir.1991), which Hoagland cannot show.
discussed Cited as authority (rule) Bridgeport Music, Inc. v. Boutit, Inc.
6th Cir. · 2004 · confidence medium
Application of equitable estoppel “‘should be premised on a defendant’s improper conduct as well as a plaintiffs actual and reasonable reliance thereon.’ ” Hentosh, 167 F.3d at 1174 (quoting Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991)); see also Irwin v. Dept. of Veterans Affairs, 498 U.S. 89, 96 , 111 S.Ct. 453 , 112 L.Ed.2d 435 (1990) (equitable relief has been extended when “complainant has been induced or tricked by his adversary’s misconduct into allowing the filing deadline to pass” and has exercised due diligence in preserving his rights). 4 In Cerbone, the…
discussed Cited as authority (rule) Reiser v. Residential Funding Corp.
S.D. Ill. · 2004 · confidence medium
Ready Mix, 283 F.3d 877, 884 (7th Cir.2002) (stating that doctrine applies where plaintiff cannot “obtain information that he needs in order to be able to sue within the statutory period.”); Sharp v. United Airlines, Inc., 236 F.3d 368, 373 (7th Cir.2001) (stating that doctrine applies when plaintiff “is unable to obtain enough information to conclude that he may have a discrimination claim.”); Shropshear v. Corp. Counsel of the City of Chicago, 275 F.3d 593, 595 (7th Cir.2001) (stating that the doctrine applies “if it would have been unreasonable to expect [the plaintiff] to be able…
cited Cited as authority (rule) In Re African-American Slave Descendants Litigation
N.D. Ill. · 2004 · confidence medium
Finch Univ. of Health Sciences/Chicago Medical School, 167 F.3d 1170, 1174 (1999) (quoting Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991)).
discussed Cited as authority (rule) Romelia Hazel Frazier v. Delco Electronics Corporation
7th Cir. · 2001 · confidence medium
It is tolled pursuant either to the doctrine of equitable estoppel, if the defendant was responsible for creating the false impression of achieved or imminent resolution, e.g., Wheeldon v. Monon Corp., 946 F.2d 533, 537-38 (7th Cir.1991); Cada v. Baxter Healthcare Corp., supra, 920 F.2d at 450-51 ; Currier v. Radio Free Europe/Radio Liberty, Inc., 159 F.3d 1363, 1368 (D.C.Cir.1998), or equitable tolling, if the responsibility lies elsewhere.
discussed Cited as authority (rule) Frazier, Romelia H. v. Delco Electronics
7th Cir. · 2001 · confidence medium
It is tolled pursuant either to the doctrine of equitable estoppel, if the defendant was responsible for creating the false impression of achieved or imminent resolution, e.g., Wheeldon v. Monon Corp., 946 F.2d 533, 537-38 (7th Cir. 1991); Cada v. Baxter Healthcare Corp., supra, 920 F.2d at 450-51 ; Currier v. Radio Free Europe/Radio Liberty, Inc., 159 F.3d 1363, 1368 (D.C.
cited Cited as authority (rule) Nelson v. Sotheby's Inc.
N.D. Ill. · 2000 · confidence medium
Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991).
discussed Cited as authority (rule) Chapple v. National Starch & Chemical Co. & Oil
7th Cir. · 1999 · confidence medium
Hentosh, 167 F.3d 1170, 1173 (7th Cir.1999) (quoting Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th C.ir. 1991)); see also Flight Attendants Against UAL Offset v. Commissioner of Internal Revenue, 165 F.3d 572, 577 (7th Cir.1999) (“It is implicit in the doctrine that the conduct alleged as the basis for the estoppel have been the cause of the plaintiffs not suing in time.”).
discussed Cited as authority (rule) Bryan Chapple v. National Starch & Chemical Company And Oil
7th Cir. · 1999 · confidence medium
Hentosh, 167 F.3d 1170, 1173 (7th Cir.1999) (quoting Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991)); see also Flight Attendants Against UAL Offset v. Commissioner of Internal Revenue, 165 F.3d 572, 577 (7th Cir.1999) ("It is implicit in the doctrine that the conduct alleged as the basis for the estoppel have been the cause of the plaintiff's not suing in time."). 14 As with equitable tolling, the plaintiffs have failed to demonstrate a genuine issue of material fact concerning the applicability of equitable estoppel.
discussed Cited as authority (rule) Patricia Hentosh, ph.d. v. Herman M. Finch University of Health Sciences/the Chicago Medical School and Samson T. Jacob, ph.d.
7th Cir. · 1999 · confidence medium
The “granting of equitable estoppel should be premised on a defendant’s improper conduct as well as a plaintiffs actual and reasonable reliance thereon.” Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991) (citing Mull, 784 F.2d at 292 ).
discussed Cited as authority (rule) Jon A. Mixdorf v. Richard Rousseau, and Wittco Food Service Equipment
7th Cir. · 1995 · confidence medium
Equitable tolling "often focuses on the plaintiff's excusable ignorance of the limitations period and on the lack of prejudice to the defendant." Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir.1991); Mull v. ARCO Durethene Plastics Inc., 784 F.2d 284, 291 (7th Cir.1986) ( quoting Naton v. Bank of California, 649 F.2d 691, 696 (9th Cir.1981)). 26 "Under some circumstances, a company's failure to post a notice of employees' rights under the ADEA may toll the statute of limitations." Unterreiner v. Volkswagen of America, Inc., 8 F.3d 1206, 1209 (7th Cir.1993) (citation omitted).
discussed Cited as authority (rule) Doctor Virginia Naples Kelecic v. Board of Regency Universities, a Body Politic Doing Business as Northern Illinois University
7th Cir. · 1995 · confidence medium
The "granting of equitable estoppel should be premised on a defendant's improper conduct as well as a plaintiff's actual and reasonable reliance thereon." Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991) (citing Mull v. ARCO Durethene Plastics, Inc., 784 F.2d 284 (7th Cir.1986)). 8 NIU renews its argument brought before the district court that Kelecic's limitations period began to run at the time of the touching incident in May of 1989, the culmination of other incidents of touching and sexual comments.
discussed Cited as authority (rule) Parker v. Runyon
E.D.N.C. · 1995 · confidence medium
A necessary element for application of equitable estoppel is the reasonable reliance by plaintiff on “the alleged misconduct in foregoing an assertion of his rights.” Felly v. Graves-Humphreys Company, 818 F.2d 1126, 1128-29 (4th Cir.1987); Mercado-Garcia v. Ponce Federal Bank, 979 F.2d 890, 895 (1st Cir.1992) (equitable estoppel requires reasonable reliance); Wheeldon v. Monon Corporation, 946 F.2d 533, 537 (7th Cir.1991) (actual and reasonable reliance required for application of doctrine).
discussed Cited as authority (rule) Chaffin v. Textron, Inc.
E.D. Cal. · 1994 · confidence medium
In Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir.1991), the court held that although consideration of “an economic factor closely related to age may constitute impermissible age-based discrimination,” military pensions are not necessarily a proxy for age.
discussed Cited as authority (rule) In re Barnes
7th Cir. · 1992 · confidence medium
It is true (taking the second part of it first) that estop-pel, whether equitable or promissory (Gru-enhagen’s claim could be construed as both or either), requires that the plaintiffs reliance be reasonable, Kennedy v. United States, 965 F.2d 413, 417 (7th Cir.1992); Lindsey v. Baxter Healthcare Corp., 962 F.2d 586, 589 (7th Cir.1992); Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991), and even before he consulted a lawyer Gruenhagen knew that Barnes would emerge from the bankruptcy with a discharge.
discussed Cited as authority (rule) In the Matter of Edward P. Barnes, A/K/A Edward Barnes, A/K/A Ed Barnes, A/K/A Edward Preston Barnes, Doing Business as Ed Barnes Construction, Formerly Known as Barnes Home Improvements, Debtor-Appellee. Appeal of Gerald Gruenhagen
7th Cir. · 1992 · confidence medium
It is true (taking the second part of it first) that estoppel, whether equitable or promissory (Gruenhagen's claim could be construed as both or either), requires that the plaintiff's reliance be reasonable, Kennedy v. United States, 965 F.2d 413, 417 (7th Cir.1992); Lindsey v. Baxter Healthcare Corp., 962 F.2d 586, 589 (7th Cir.1992); Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991), and even before he consulted a lawyer Gruenhagen knew that Barnes would emerge from the bankruptcy with a discharge.
discussed Cited as authority (rule) Hamilton v. Komatsu Dresser Industries, Inc.
7th Cir. · 1992 · confidence medium
Instead, equitable tolling ‘permits a plaintiff to avoid the bar of the statute of limitations if despite all due diligence he is unable to obtain vital information bearing on the existence of his claim.’ ” Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir. 1991) (quoting Cada, 920 F.2d at 451 ).
discussed Cited as authority (rule) 58 Fair empl.prac.cas. (Bna) 1401, 58 Empl. Prac. Dec. P 41,478 James Hamilton, Gerald Crank, Anthony Russell v. Komatsu Dresser Industries, Incorporated, a Joint Venture, and Dresser Industries, Inc.
7th Cir. · 1992 · confidence medium
Instead, equitable tolling 'permits a plaintiff to avoid the bar of the statute of limitations if despite all due diligence he is unable to obtain vital information bearing on the existence of his claim.' " Wheeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir.1991) (quoting Cada, 920 F.2d at 451 ).
cited Cited as authority (rule) Bracey v. Helene Curtis, Inc.
N.D. Ill. · 1992 · confidence medium
Zipes v. Trans World Airlines, Inc., 455 U.S. 385, 393 , 102 S.Ct. 1127, 1132 , 71 L.Ed.2d 234 (1982); Wkeeldon v. Monon Corp., 946 F.2d 533, 536 (7th Cir.1991).
cited Cited as authority (rule) Smith v. City of Chicago Heights
7th Cir. · 1992 · confidence medium
To prove estoppel successfully, the plaintiff must show that the defendant's conduct was improper, and that the plaintiff was harmed by such conduct. 31 Id. at 537 (citation omitted).
cited Cited as authority (rule) Smith v. City of Chicago Heights
7th Cir. · 1992 · confidence medium
Id. at 537 (citation omitted).
examined Cited "see" Jackson, James F. v. Rockford Housing (6×)
7th Cir. · 2000 · signal: see · confidence high
See Wheeldon v. Monon Corp., 946 F.2d 533 (7th Cir. 1991).
examined Cited "see" James F. JACKSON, Plaintiff-Appellant, v. ROCKFORD HOUSING AUTHORITY, Defendant-Appellee (6×)
7th Cir. · 2000 · signal: see · confidence high
See Wheeldon v. Monon Corp., 946 F.2d 533 (7th Cir.1991).
discussed Cited "see" Bailey v. International Brotherhood Of Boilermakers
7th Cir. · 1999 · signal: see · confidence high
See Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991) ("[The] granting of equitable estoppel should be premised on a defendant's improper conduct as well as a plaintiff's actual and reasonable reliance thereon.").
discussed Cited "see" Bailey v. International Brotherhood of Boilermakers, Iron Ship Builders, Blacksmiths, Forgers & Helpers, Local 374
7th Cir. · 1999 · signal: see · confidence high
See Wheeldon v. Monon Corp., 946 F.2d 533, 537 (7th Cir.1991) (“[The] granting of equitable estoppel should be premised on a defendant’s improper conduct as well as a plaintiffs actual and reasonable reliance thereon.”).
discussed Cited "see, e.g." Land Grantors in Henderson, Union v. United States (2×)
Fed. Cl. · 2005 · signal: see also · confidence low
Id. at 451 (emphasis added); see also Wheeldon v. Monon Corp., 946 F.2d 533 (7th Cir. 1991) (“equitable tolling ‘permits a plaintiff to avoid the bar of the statute of limitations if despite all due diligence he is unable to obtain vital information bearing on the existence of his claim.’ Equitable tolling ‘often focuses on the plaintiffs excusable ignorance of the limitations period and on the lack of prejudice to the defendant.’”) Id. at 536 (citations omitted). 50 Before examining the elements of excusable ignorance and prejudice, a brief discussion about the applicability of th…
Retrieving the full opinion text from the archive…
57 Fair empl.prac.cas. (Bna) 276, 57 Empl. Prac. Dec. P 41,055 Virgil T. Wheeldon
v.
Monon Corporation
Roger W. Bennett (argued), Bennett, Boehning, Poynter & Clary, Lafayette, Ind., for plaintiff-appellant., Jack H. Rogers (argued), Barnes & Thornburg, Indianapolis, Ind., Roger Ben-ko, Kathleen K. Brickley, Barnes & Thorn-burg, South Bend, Ind., for defendant-ap-pellee.
Cummings, Posner, Noland.
Cited by 41 opinions  |  Published
CUMMINGS, Circuit Judge.

This case concerns the timeliness of an age discrimination claim pursuant to the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. § 621 et seq. The district court, operating under federal question jurisdiction, held that plaintiff’s age discrimination claim was time-barred since it was not filed with the Equal Employment Opportunity Commission (“EEOC”) within the 180-day statutory fil[*535] ing period. Accordingly, the court granted defendant Monon Corporation’s motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. This Court assumed jurisdiction on appeal pursuant to 28 U.S.C. § 1291. On appeal, we review the district court’s legal conclusions de novo. Because plaintiff’s federal pleadings do not raise a genuine issue of material fact sufficient to overcome defendant’s motion for summary judgment, the judgment of the district court will be affirmed.

I. FACTS

Plaintiff Virgil Wheeldon worked as a line supervisor at Monon Corporation for slightly over three years. He had worked in other positions at Monon for approximately six years prior to his appointment as a line supervisor. On December 10, 1987, Wheeldon was notified that he had been terminated. Monon claims that it terminated him because he failed to cooperate in a new company efficiency plan. However, plaintiff believes that his termination was the result of his military pension. He had served in the United States army for twenty years and had received an honorable discharge. He alleged that he had been terminated because Monon Corporation wanted to set an example to other forepersons who criticized the company's efficiency plan. Wheeldon, who was 49 years old at the time of his termination, asserted that he had been singled out as the example because he had a military pension and would not be hurt as badly by the loss of income.

Based on this theory, plaintiff filed a timely claim of discrimination under the Vietnam Era Veterans Readjustment Assistance Act of 1974 (“Veterans Assistance Act”) with the United States Department of Labor, Employment Standards Administration, Office of Federal Contract Compliance Programs (“OFCCP”) — the organization with jurisdiction over claims filed pursuant to that Act. Consistent with its investigative responsibilities, the OFCCP sent defendant an inquiry letter on March 4, 1988, concerning the extent of Monon’s federal contracts. Although OFCCP’s inquiry letter called for a response within 14 days, Monon failed to answer the inquiry until June 8, 1988, exactly one day after Wheeldon’s statute of limitations under the ADEA had run.

II. ANALYSIS

A. Failure to File a Timely Age Discrimination Complaint with the EEOC

The ADEA states that a charge filed pursuant to the Act must be filed “within 180 days after the alleged unlawful practice occurred.” 29 U.S.C. § 626(d). Ordinarily, the charge-filing period accrues when the employer notifies the employee of termination. Delaware State College v. Ricks, 449 U.S. 250, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980); Stark v. Dynascan Corp., 902 F.2d 549, 551 (7th Cir.1990); Mull v. ARCO Durethene Plastics, Inc., 784 F.2d 284, 288 (7th Cir.1986).

In Wheeldon’s case the charge-filing period accrued on December 10, 1987, the date he was notified of termination, and ended on June 7, 1988, 180 days later. Wheeldon filed his complaint in federal district court on July 19, 1989, and his EEOC claim was “file-marked” September 6, 1988. It is uncontested that plaintiff filed both his court and his EEOC complaints after the 180-day limitations period had run.

Although plaintiff concedes that he did not file his charge with the EEOC during the statutory period, he contends that his filing of a timely discrimination claim under Section 402 of the Veterans Assistance Act (38 U.S.C. § 2012) with OFCCP constitutes a valid claim of age-based discrimination pursuant to the ADEA. Because his OFCCP filing did not sufficiently allege age-based discrimination, we disagree.

In accordance with the ADEA, “[n]o civil action may be commenced * * * until 60 days after a charge alleging unlawful discrimination has been filed with the Equal Employment Opportunity Commission.” 29 U.S.C. § 626(d). The requirement that plaintiff file a claim with the EEOC before initiating a federal lawsuit[*536] serves two important purposes: 1) to provide the EEOC with an opportunity to conciliate the employee’s claim with the employer, and 2) to notify the employer of the nature of the claim against it. Posey v. Skyline Corp., 702 F.2d 102, 104 (7th Cir.1983), certiorari denied, 464 U.S. 960, 104 S.Ct. 392, 78 L.Ed.2d 336. A recognition of these purposes underlies our conclusion that plaintiffs OFCCP complaint did not constitute a timely filing of age discrimination such that Monon would have been on notice that an age discrimination claim had been filed against it.

In his original OFCCP complaint, Wheeldon alleged that Monon terminated him because he had a military pension and would not be hurt as badly by the loss of employment. In this Circuit it has been held that discrimination based on an economic factor closely related to age may constitute impermissible age-based discrimination. Metz v. Transit Mix, Inc., 828 F.2d 1202 (7th Cir.1987). However, the plaintiff must show that the economic factor relied upon by the employer operates as a proxy for age. [1] Although pensions may be used as a proxy for age, we decline to rule that pension considerations always operate as such. Instead, the use of pensions as a proxy for age should be examined on a case-by-case basis.

In this case, Monon did not use the plaintiffs military pension as a proxy for age. Indeed, plaintiff does not so contend but contends rather that his military pension was used as a proxy for an independent source of income. While plaintiff was free to allege that independent source of income was used as a proxy for age, he made no such allegation until his reply brief in this Court, where he merely suggested that a correlation between independent income and age is not “implausible”. (Reply Br. 4). Defendant’s assertion that military pensions are based solely on years of service, not on a combination of age and years of service, is uncontested. (Appellee Br. 11).

On the basis of these facts it is clear that plaintiff’s OFCCP complaint did not contain facts sufficient to allege age-based discrimination. Therefore, it is unnecessary to decide whether plaintiff’s OFCCP complaint would have been deemed timely filed with the EEOC had plaintiff properly alleged age discrimination in his OFCCP filing.

B. Equitable Tolling

Plaintiff argues that his federal claim should be considered timely because of the doctrines of equitable tolling and equitable estoppel. It is well established that the EEOC charge-filing statute is not a jurisdictional prerequisite but rather a statute of limitations which is subject to equitable tolling and estoppel. Zipes v. Trans World Airlines Inc., 455 U.S. 385, 393, 102 S.Ct. 1127, 1132, 71 L.Ed.2d 234 (1982).

The equitable tolling doctrine does not require that the plaintiff show any misconduct on the part of the defendant. Cada v. Baxter Healthcare Corp., 920 F.2d 446, 452 (7th Cir.1990), certiorari denied, — U.S. -, 111 S.Ct. 2916, 115 L.Ed.2d 1079 (1991). Instead, equitable tolling “permits a plaintiff to avoid the bar of the statute of limitations if despite all due diligence he is unable to obtain vital information bearing on the existence of his claim.” Id. at 451. Equitable tolling “often focuses on the plaintiff’s excusable ignorance of the limitations period and on the lack of prejudice to the defendant.” Mull v. ARCO Durethene Plastics, 784 F.2d 284, 291 (7th Cir.1986) (quoting Naton v. Bank of California, 649 F.2d 691, 696 (9th Cir.1981)).

[*537] This Court is not persuaded that Wheeldon was unable to learn of the EEOC filing requirements through the exercise of due diligence. It is uncontested that Mo-non posted EEOC notices prominently in the workplace. Such posting creates a presumption that the employee could have learned of the EEOC requirements. Posey v. Skyline Corp., 702 F.2d 102, 105-106 (7th Cir.1983). Moreover, Wheeldon knew that one of his coworkers had filed an age discrimination claim with the EEOC and could have asked him about the filing deadlines. [2] Ordinarily, it is presumed that the plaintiff could have filed his claim within the statutory period. Since plaintiff has shown no reason why he could not have learned of the EEOC filing deadlines through the exercise of due diligence, equitable tolling is not appropriate in this case.

C. Equitable Estoppel

This Court articulated the standard for assessing claims of equitable estoppel in Mull v. ARCO Durethene Plastics, Inc., 784 F.2d 284 (7th Cir.1986). There it was stated that equitable estoppel is available when an employee’s untimely filing was a result of “a deliberate design by the employer or of actions that the employer should unmistakably have understood would cause the employee to delay filing his charge.” Id. at 292 (quoting Price v. Litton Business Systems, Inc., 694 F.2d 963, 965 (4th Cir.1982)). The Court further stated that a granting of equitable estoppel should be premised on a defendant’s improper conduct as well as a plaintiff’s actual and reasonable reliance thereon. Id. More recently, we stated that equitable es-toppel applies when an employer “takes active steps to prevent the plaintiff from suing in time, as by promising not to plead the statute of limitations.” Cada, 920 F.2d at 450-451. Regardless of the articulation of this standard, the underlying principle is the same—a defendant should not be allowed to “obtain a benefit from his inequitable conduct.” Id. at 452.

The district court dismissed the plaintiff’s argument for estoppel on the basis that the standard in Mull is a “tough standard” and requires the plaintiff to prove the defendant’s wrongful intent. We disagree. The doctrine of equitable estop-pel, where the plaintiff alleges improper conduct on the part of the defendant, is a more generous doctrine than the doctrine of equitable tolling—which adjusts the rights of two innocent parties. Id. To prove estoppel successfully, the plaintiff must show that the defendant’s conduct was improper, and that the plaintiff was harmed by such conduct.

Wheeldon has put forth a valid claim for estoppel. On January 4, 1988, only 25 days after he was notified of his termination, Wheeldon filed his veterans discrimination complaint with OFCCP without the assistance of counsel. On March 4, 1988, OFCCP sent a certified letter to Mo-non. The letter sought to determine whether Monon had federal contracts sufficient to give OFCCP jurisdiction over Wheeldon’s claim under the Veterans Assistance Act and called for an answer within 14 days. Monon did not answer OFCCP’s inquiry within 14 days. Instead, Monon did not respond to OFCCP’s inquiry until June 8, 1988—181 days after Wheel-don’s termination on December 10, 1987. It is impossible to ignore the striking coincidence that defendant’s response was sent exactly one day after the plaintiff’s 180-day statute of limitations had run. Upon receiving Monon’s response denying the existence of federal contracts, OFCCP notified Wheeldon that it lacked jurisdiction. He then promptly began to pursue his complaint with EEOC.

Defendant now argues that plaintiff’s claim is time-barred under the applicable statute of limitations. Defendant asserts that plaintiff’s delay should prove fatal to his claim, but also maintains that its own delay was irrelevant since it was neither “deliberate” misconduct nor a direct communication with Wheeldon. Neither rationalization is persuasive. Defendant may not simultaneously delay agency investigations[*538] and propose that plaintiff should pay the penalty for the defendant’s delay. Monon has offered no excuse whatsoever for its failure to respond to OFCCP’s inquiry in a timely fashion. To reward defendant for its non-cooperation with a government inquiry would be to encourage employers to hamper agency investigations deliberately. Cf. EEOC v. O’Grady, 857 F.2d 388 (7th Cir.1988) (defendant’s refusal to reply to subpoenas justified equitable tolling to ensure that employer-caused delay in providing information does not adversely affect the plaintiff’s age discrimination claim).

D. Sufficiency of Plaintiffs Federal Claim

Although the doctrine of equitable estoppel prevents Monon from asserting the statute of limitations defense, nevertheless the district court properly granted defendant’s motion for summary judgment. The only function of equitable estoppel is to render timely a plaintiff’s filing with the EEOC such that plaintiff’s federal district court complaint is not barred by the statute of limitations. However, plaintiff’s pleadings in federal district court rely on the same theory of age discrimination shown to be legally inadequate in Section 11(A) supra. Plaintiff’s federal pleadings simply do not raise a genuine issue of material fact sufficient to overcome defendant’s motion for summary judgment.

The judgment of the district court is affirmed.

1

. See White v. Westinghouse Elec. Co., 862 F.2d 56 (3rd Cir.1988) (holding that pension benefits were an impermissible proxy for age and that termination of employees in order to save pension benefits violates the ADEA); Jardien v. Winston Network, Inc., 888 F.2d 1151 (7th Cir.1989) (replacement of older employees with younger employees in order to save salary costs constitutes age discrimination). Cf. EEOC v. Altoona, 723 F.2d 4, 6 (3rd Cir.1983) (holding that seniority and age are "inexorably linked”), certiorari denied, 467 U.S. 1204, 104 S.Ct. 2386, 81 L.Ed.2d 344 (1984).

2

. Examining the facts in the light most favorable to the plaintiff, we will assume that Wheel-don did not have actual knowledge of the EEOC filing requirements.