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Employment – discrimination — retaliation

By: WISCONSIN LAW JOURNAL STAFF//January 9, 2014//

Employment – discrimination — retaliation

By: WISCONSIN LAW JOURNAL STAFF//January 9, 2014//

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United States Court of Appeals For the Seventh Circuit

Civil

Employment – discrimination — retaliation

Where white cocktail waitresses were assigned to higher-tip areas than black waitresses, summary judgment was improperly granted to the employer on the waitresses’ discrimination claims.

“In this case, white cocktail waitresses are ‘directly Comparable’ to the plaintiffs in all material respects: they held the same position; Carey supervised and assigned work to all cocktail waitresses, and was responsible for discipline for all cocktail waitresses; the CBA ‘govern[ed] the terms and conditions of employment of all Casino Queen Cocktail Waitresses’; and the white waitresses’ relevant conduct is quite similar as well. Plaintiffs allege that white cocktail waitresses received systematically better treatment because the white cocktail waitresses (1) were reassigned to higher tip areas each week, even though they were often less senior; (2) were repeatedly disciplined more favorably (e.g., Brandie eating food at work, or Kim Lay being allowed to arrive late 42 times in a one-year period where she would have been fired if she had been disciplined nine of those times); (3) were treated better with respect to privileges such as restroom breaks and requests for vacation and personal days; and (4) were permitted to work for two weeks after submitting notice of their resignation, enabling them to earn more through tips (e.g., Brandie, Kim Turner, and Kim Gann). Plaintiffs therefore make out a prima facie case.”

Affirmed in part, and Reversed in part.

12-3696 Alexander v. Casino Queen, Inc.

Appeal from the United States District Court for the Southern District of Illinois, Stiehl, J., Flaum, J.

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