00-4219 Curry v. Menard, Inc.

Listen to this article

“Curry offered sufficient evidence to survive summary judgment because she established that two employees – Margaret Venetico and Anne Mercurio – had two or more cash discrepancies during Stanley’s tenure at the store but were neither suspended nor terminated.

“For similar reasons we conclude that Curry presented sufficient evidence of pretext to preclude summary judgment. Menard’s proffered nondiscriminatory justification for Curry’s termination is that it was simply following its uniform disciplinary policy, which was being strictly enforced during Stanley’s tenure at the store. But as discussed above, Curry presented evidence that Mercurio and Venetico, both non-black cashiers, were not suspended or terminated despite the fact that they also accumulated at least two cash discrepancies during the same time period. This inconsistency creates a genuine issue of material fact as to whether Menard’s stated reason for discharging Curry was a pretext for discrimination.”

Vacated and remanded.

Appeal from the United States District Court for the Northern District of Illinois, Lindberg, J., Manion, J.