Title VII

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7^th Circuit Court of Appeals

Case Name: Janet A. Riley v. Elkhart Community Schools

Case No.: 15-3166

Officials: BAUERandWILLIAMS,Circuit Judges, and ADELMAN, * District Judge.

Focus: Title VII

Appellant fails to provide sufficient evidence that failure of respondent to promote appellant amounted to discrimination.

“First, Riley cannot prove a prima facie case for the § 1981 claim regarding the assistant principal position for which she applied in 2009. Section 1981 causes of action are limited to discrimination claims based on race. See McDonald v. Santa Fe Trail Transp. Co., 427 U.S. 273, 285–86 (1976); Humphries v. CBOCS West, Inc., 474 F.3d 387, 402–03 (7th Cir. 2007) (section

1981 establishes causes of action for racial discrimination as well as retaliation for opposing racial discrimination). ECS hired Krista Hennings, an African‐American, for the assistant principal position at Memorial available in 2009. Therefore, Riley cannot show that ECS promoted someone outside of her protected class for the position she sought. SeeJaburek, 813 F.3d at 631. She cannot establish a prima facie case for this § 1981 claim as a matter of law.”

Affirmed

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