Please ensure Javascript is enabled for purposes of website accessibility

Employment — sex discrimination

By: WISCONSIN LAW JOURNAL STAFF//March 27, 2014//

Employment — sex discrimination

By: WISCONSIN LAW JOURNAL STAFF//March 27, 2014//

Listen to this article

U.S. Court of Appeals For the Seventh Circuit

Civil

Employment — sex discrimination

Where an employee failed to meet the employer’s attendance policy, her termination was not sex discrimination.

“Under the direct method, the plaintiff must present either direct or circumstantial evidence of discrimination in her opposition to summary judgment. See Koszola v. Bd. of Educ. of the City of Chi., 385 F.3d 1104, 1109 (7th Cir. 2004). Regardless of the type of evidence presented, the direct method is used when that evidence would permit the trier of fact to find that unlawful discrimination caused the adverse job action. Blise v. Antaramian, 409 F.3d 861, 866 (7th Cir. 2005). Bass, however, offered no evidence that would allow a trier of fact to find that sex discrimination lay behind the District’s action. Speculation is no substitute for evidence at the summary judgment stage. In that connection, Bass seems to have misunderstood her burden: her brief states that ‘[n]o real evidence has been submitted which would preclude a jury finding of discrimination on the part of the defendant. No evidence has been presented to show that the discipline and termination of Bass caused her to be treated the same as other male employees.’ (Emphasis added.) This statement may be true, but it misstates the test in discrimination cases. It is Bass, the party with the burden of proof, who must present some evidence that would allow a rational jury to infer intentional discrimination by the District. She did not do so. Instead, the District went the extra mile and provided valid reasons for its decision to terminate her employment. Under the CBA, Bass was entitled to a certain amount of leave. She exceeded that allowance by a significant margin. She was warned, meetings were held, she did not return to work, and she was fired. Three men were also fired for the same reason between 2008 and 2011. No trier of fact could find discrimination on that record.”

Affirmed.

13-1742 Bass v. Joliet Public School District No. 86

Appeal from the United States District Court for the Northern District of Illinois, Darrah, J., Wood, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests