Illinois Human Rights Act

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7^th Circuit Court of Appeals

Case Name: Henry Ortiz v. Werner Enterprises, Inc.

Case No.: 15-2574

Officials: POSNER, EASTERBROOK, and HAMILTON, Circuit Judges.

Focus: Illinois Human Rights Act

Court did not properly administer methodology to assess overall likelihood of discrimination

“Ortiz relies on his own testimony plus depositions and declarations from other brokers, managers, and former employees. Some Werner employees testified that they always provided notice when booking a loss in another broker’s name. Some went further and said they expected someone to ask their permission before recording an unprofitable transaction in their names. Several brokers testified that they (and other brokers) sometimes removed their names from unprofitable loads. Werner could not identify an express policy that forbids the practice. A former Werner broker with 20 years’ experience submitted a declaration that while at Werner he had sometimes asked tardy carriers to lower their rates and that such action reflected industry practice. Finally, several current and former employees recounted that Lass and Krikava had directed ethnic slurs at Ortiz.”

Reversed and Remanded

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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.