Employment — race discrimination — retaliation

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United States Court of Appeals For the Seventh Circuit

Civil

Employment — race discrimination — retaliation

Where an employee had a history of absences, he failed to show that his termination was retaliatory.

“In short, Mr. Harper makes a number of assertions, none of which could lead a reasonable jury to conclude that C.R. England’s stated reason for firing him was pretextual. Rather, as the district court aptly noted, Mr. Harper argues that his termination was unfair, but he does not provide any evidence to refute C.R. England’s position that his cumulative exercise of leave was excessive or to demonstrate that his absences did not affect his job performance and ability to instruct. We therefore conclude, in the alternative, that Mr. Harper has failed to demonstrate that C.R. England’s stated reason for terminating him is pretextual.”

Affirmed.

11-2975 Harper v. C.R. England, Inc.

Appeal from the United States District Court for the Northern District of Indiana, Cherry, Mag. J., Ripple, J.