Discrimination – Title VII

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7^th Circuit Court of Appeals

Case Name: Susan A. Kuttner v. John Zaruba, et al

Case No.: 14-3812

Officials: POSNER, EASTERBROOK, and SYKES, Circuit Judges

Focus: Discrimination – Title VII

Appellant fired for collecting on a loan for a friend while in uniform fails to proffer facts sufficient to support discrimination claim.

“Kuttner’s prima facie case requires a showing of sufficiently analogous misconduct by male officers to support an inference that she was treated more harshly because of her sex. As the district judge correctly noted, the gravamen of the misconduct for which Kuttner was fired was “us[ing her] uniform to convey the impression that [she] was acting on the authority of the Sheriff’s Office, but was not.” It’s not just that Kuttner wore her uniform while off duty or even for unofficial purposes; the material point is how the uniform was being used—for the improper projection of coercive police authority in service of a personal end. That’s what differentiates Kuttner’s misconduct from, for example, Deputy Morgan’s allowing his girlfriend to wear his uniform to a Halloween party or making two personal visits to a female inmate in the jail. In Deputy Morgan’s case, there were no allegations of coercion by the use or appearance of legal authority.”

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.