First Amendment – Equal Protection Clause

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Civil

7^th Circuit Court of Appeals

Officials: WOOD, Chief Judge, and POSNER and WILLIAMS, Circuit Judges

First Amendment – Equal Protection Clause

14-3365 Theresa Bisluk v. Brian Hamer

Appellant did not obtain position due to failure to submit proper paperwork, not discrimination.

“Bisluk’s failure to apply for the position or submit a for‐ mal transfer request is fatal to her claim under the indirect method of proof as well. Nonetheless, we will analyze the elements of the indirect method for the sake of completeness. Bisluk is a woman, and there is evidence that she was meeting her employer’s expectations, but there is insufficient evidence supporting the remaining elements of her claim. First, she did not suffer an adverse employment action. See Herrnreiter v. Chicago Hous. Auth., 315 F.3d 742, 744–45 (7th Cir. 2002) (finding a transfer without a reduction in pay or other benefits based on an employee’s purely subjective preference for one position over another is not an adverse employment action); see also Steinhauer v. DeGolier, 359 F.3d 481, 483 (7th Cir. 2004) (noting the same analysis governs claims of sex discrimination under Title VII and § 1983). To the extent that her failure to be transferred to a position in southern Illinois is contrary to her desires, it is not the type of employer act that is subject to liability under § 1983. See Herrnreiter, 315 F.3d at 744–45. “

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.