By: Derek Hawkins//October 24, 2018//
7th Circuit Court of Appeals
Case Name: Vicki Barbera v. Pearson Education, Inc.
Case No.: 18-1085
Officials: MANION and BARRETT, Circuit Judges, and GETTLEMAN, District Judge.
Focus: Title VII Claim
Vicki Barbera claims she did not get the same chance to resign with severance pay that three men got. She sued her former employer, Pearson Education, Inc. (“Pearson”) for Title VII sex discrimination and other claims. She also says Pearson lost a key email exchange. The magistrate judge cured this by barring Pearson from disputing her description of it, but declined to grant further sanctions. The district court overruled Barbera’s objection. Accepting her version of the missing emails, the district court granted summary judgment to Pearson because the proposed comparators were not similarly situated. They sought resignation with severance pay before circumstances materially changed, but Barbera sought resignation with severance pay after they changed. Barbera appeals the district court’s overruling her objection about the emails and granting Pearson summary judgment on the severance-pay discrimination claim. We affirm the district court.
Affirmed