00-2603 Alexander v. Wisconsin Department of Health and Family Services, et al.

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“Alexander has presented no evidence from which it can be inferred that the defendants’ stated reason for his termination was a pretext for discrimination. Gruchow explained to Moritz that despite the fact that he had been careful not to relay any of the specific details of the alleged gesture to Alexander when he spoke with him on October 24, Alexander called him on October 25 and knew that he had been accused of making a throat-slashing gesture. Although Alexander maintains that Gruchow told him about the gesture and then lied about it, he has made no attempt to produce any evidence indicating any discriminatory animus or bias on the part of Gruchow that would render Moritz’s reliance on Gruchow’s explanation improper.

“Alexander has likewise provided no evidence suggesting that the stated reason for his termination was pretext for retaliation for his having filed a complaint with the Personnel Commission. In support of his argument, Alexander correctly notes that the Department was notified that he had filed a complaint with the Personnel Commission on Oct. 23, 1996, the day before he was suspended. Although the timing of an adverse employment action can be evidence of an act of retaliation, see King v. Preferred Technical Group, 166 F.3d 887, 893 (7th Cir. 1999), Alexander’s inability to provide ‘evidence that any of the actors involved in his suspension (Stumpf, Moritz and Gruchow) had any knowledge of his complaint before his suspension,’ Alexander v. Wis. Dep’t of Health & Soc. Servs., No. 99-C-0429-C, slip op. at 29 (W.D. Wis. May 23, 2000), prevents any such inference to be drawn from the timing of his suspension and eventual termination. Thus, without more, there is no indication that the Department’s stated reason for terminating Alexander was pretext for retaliation.”

Affirmed.

Appeal from the United States District Court for the Western District of Wisconsin, Crabb, J., Kanne, J.