Employment Discrimination-Title VII

By: WISCONSIN LAW JOURNAL STAFF//March 27, 2023//

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7^th Circuit Court of Appeals

Case Name: Toya Crain v. Denis McDonough

Case No.: 22-1714

Officials: Flaum, Rovner, and Brennan, Circuit Judges.

Focus: Employment Discrimination-Title VII

Crain, a Black female, was reassigned to a new position at the Richard L. Roudebush Veterans’ Administration Medical Center (the “VA Center”) in Indianapolis, Indiana. Thereafter, she filed employment discrimination and retaliation claims pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The district court granted her employer’s motion for summary judgment, and Crain now appeals.

Crain’s argument boils down to: “because, in [her] view, [her] supervisors’ concerns were mistaken or misplaced, the actions they took must have been retaliatory.” Lauth, 863 F.3d at 717. This is insufficient to create a genuine dispute of material fact considering the “abundant evidence of [Crain’s] substandard performance” put forth by the VA Center.

Affirmed.

Decided 03/17/23

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