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Discrimination – Retaliation

By: Derek Hawkins//January 19, 2016//

Discrimination – Retaliation

By: Derek Hawkins//January 19, 2016//

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7th Circuit Court of Appeals

Case Name: Roberta M. Jaburek

Case No.: 15-2165

Officials: WOOD,Chief Judge, and BAUER and WILLIAMS, Circuit Judges.

Practice Area: Discrimination – Retaliation

Appellant fails to establish prima facie case for any of discrimination or retaliation allegations.

“In this case, Appellant has not demonstrated multiple elements of a prima facie case for Title VII failure to promote. Primarily, she has not shown that the FAA rejected her from the position of Program Analyst because she never applied for the position. See Johnson v. Gen. Bd. of Pension & Health Benefits of United Methodist Church, 733 F.3d 722, 728 (7th Cir. 2013) (holding that failure to promote claim requires that plaintiff “appl[y] for … the position sought” and granting summary judgment on Title VII failure to promote claim where plaintiff did not apply for higher position (quotation marks and citations omitted)). She instead provides her emails and letters to Wilson and Lay describing her duties as that of a Program Analyst. But this is not evidence of an application for the position.”

Affirmed

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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.

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