Employment — discrimination

Listen to this article

United States Court of Appeals For the Seventh Circuit

Civil

Employment — discrimination

Where a discharged employee presented no evidence that his termination was based on age, race, or gender, summary judgment was properly granted to the employer on his discrimination claim.

“To support an inference that the Department treated similarly situated employees of a different race or gender more favorably, Hester needed evidence that employees of a different race or gender were put on a ‘Work Improvement Plan’ with the same terms as Hester’s, but allowed to continue working after failing one of the tests. He could also have shown that employees of a different race or gender received notices of unsatisfactory performance similar to Hester’s, but were not placed on a ‘Work Improvement Plan.’ Hester did none of these things.”

Affirmed.

12-3207 Hester v. Indian State Department of Health

Appeal from the United States District Court for the Southern District of Indiana, Magnus-Stinson, J., Wood, J.