United States Seventh Circuit

In a suit under Title VII of the Civil Rights Act, the Family and Medical Leave Act (FMLA), and ERISA alleging illegal demotion, termination, and retaliation, summary judgment for defendants is affirmed where: 1) plaintiff could not make out a Title VII gender-discrimination claim because she produced no evidence that she met her employer's legitimate job expectations, or that a similarly-situated male employee received better treatment; 2) no evidence supported plaintiff's claim that she was terminated as a result of filing a state gender-discrimination claim; 3) plaintiff's FMLA claim did not demonstrate that she was fired for taking medical leave rather than for poor job performance; and 4) there was no evidence that defendant had the specific intent to violate ERISA and interfere with plaintiff's ERISA rights.

Appellate Information

• Argued 02/12/2008
• Decided 08/22/2008
• Published 08/22/2008

Judges

• ROVNER, Circuit Judge., Before EASTERBROOK, Chief Judge, and RIPPLE and ROVNER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Martin K. Lapointe (argued), Burke, Warren, Mackay & Serritella, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Michele M. Ford (argued), Crivello, Carlson & Mentkowski, Milwaukee, WI, for Defendant-Appellee.