United States Court of Appeals For the Seventh Circuit
Employment — race discrimination — harassment
Where an employee was intoxicated while at work, his termination was not racial discrimination.
“Lambert has not identified one similarly situated employee who also failed a drug or alcohol test but was not fired. In other words, he has no evidence that the no-tolerance policy is disparately enforced against African- American employees. He admits that every Peri employee that has failed a drug test has lost his job. And he admits that Peri fired at least eight white employees for failing drug tests at its U.S. facilities between 2006 and 2008. With nothing warranting a trial on these claims, the district court correctly granted summary judgment for Peri.”
Affirmed in part, and Reversed in part.
Appeal from the United States District Court for the Northern District of Illinois, Coleman, J., Wood, J.