Employment; Contract

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7^th Circuit Court of Appeals

Case Name: Jebari Craig v. Wrought Washer Manufacturing, Inc.

Case No.: 23-1821

Officials: Ripple, Brennan, and Scudder, Circuit Judges.

Focus: Employment; Contract

Jebari Craig was a Black employee at Wrought Washer Manufacturing, Inc. from 2010 until his termination in April 2019. Craig, who became the union president in 2018, filed a racial discrimination grievance against Wrought, alleging that his termination was retaliatory. based on an incident involving a disagreement with a supervisor and the use of his cell phone on the shop floor, which violated company policy. Craig was suspended and subsequently offered a “Last Chance Agreement” to return to work, which he refused to sign, leading to his termination.

The Eastern District of Wisconsin granted summary judgment in favor of Wrought on Craig’s claim that his termination was retaliatory. The court found that Craig had not established a prima facie case of retaliation related to his written warning and allowed his claim regarding his suspension to continue, but granted summary judgment on the termination claim, accepting Wrought’s explanation that the “Last Chance Agreement” did not require Craig to forfeit his discrimination claims.

The Seventh Circuit reviewed the case de novo and agreed that Wrought’s plant manager, Schaefer, was confused during his deposition about the terms of the “Last Chance Agreement” and the severance agreement. The court also found that Craig’s declaration, which contradicted his earlier statements, did not create a genuine issue of material fact. It concluded that no reasonable litigant would have withheld the information Craig later provided, thus supporting the district court’s decision to grant summary judgment.

Affirmed.

Decided 07/16/24

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