Title VII Discrimination-Race Discrimination

7^th Circuit Court of Appeals

Case Name: Darell Burton v. Will County Sheriff’s Merit Commission

Case No.: 23-1802

Officials: Sykes, Hamilton, and Lee, Circuit Judges.

Focus: Title VII Discrimination-Race Discrimination

Plaintiff Burton sought appointment as a deputy sheriff in Will County, Illinois, participated in a competitive merit-based selection process that included a background investigation. At the time, Burton was employed as a railroad signalman. During the investigation, his supervisor provided a strongly negative employment reference, describing him as unreliable, unable to work effectively with others, unsuitable for rehire, and not recommended for a law enforcement position. Relying on this reference, the Will County Sheriff’s Merit Commission removed the applicant from consideration for certification as a deputy sheriff. Burton, who is Black, claimed that the decision was motivated by racial discrimination.

Following his removal from the selection process, Burton filed suit in the Northern District of Illinois, Eastern Division, against the Merit Commission, the Sheriff’s Office, and Will County. The defendants moved for summary judgment, contending that the Merit Commission did not qualify as an employer under Title VII because of its small size and that neither the Sheriff’s Office nor the County participated in the certification decision. Although the district court declined to decide the Title VII coverage issue, it granted summary judgment in favor of the defendants on the merits. The court concluded that Burton failed to present evidence showing that race was a motivating factor in the Commission’s decision or that the Commission’s stated reason for disqualification was a pretext for discrimination.

The Seventh Circuit reviewed the summary judgment ruling de novo and determined that the record contained no evidence suggesting that race influenced the Merit Commission’s decision. Instead, the court found that the unfavorable employment reference constituted a legitimate, nondiscriminatory basis for the applicant’s removal from consideration, and that there was no evidence supporting an inference of pretext or racial bias.

Affirmed.

Decided 05/22/26

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