By: Derek Hawkins//August 22, 2016//
7th Circuit Court of Appeals
Case Name: Henry Ortiz v. Werner Enterprises, Inc.
Case No.: 15-2574
Officials: POSNER, EASTERBROOK, and HAMILTON, Circuit Judges.
Focus: Illinois Human Rights Act
Court did not properly administer methodology to assess overall likelihood of discrimination
“Ortiz relies on his own testimony plus depositions and declarations from other brokers, managers, and former employees. Some Werner employees testified that they always provided notice when booking a loss in another broker’s name. Some went further and said they expected someone to ask their permission before recording an unprofitable transaction in their names. Several brokers testified that they (and other brokers) sometimes removed their names from unprofitable loads. Werner could not identify an express policy that forbids the practice. A former Werner broker with 20 years’ experience submitted a declaration that while at Werner he had sometimes asked tardy carriers to lower their rates and that such action reflected industry practice. Finally, several current and former employees recounted that Lass and Krikava had directed ethnic slurs at Ortiz.”
Reversed and Remanded