United States Seventh Circuit

In a suit alleging retaliation in violation of Title VII, summary judgment for defendant-employer is reversed and remanded where: 1) plaintiff presented evidence establishing a prima facie case of retaliation; and 2) defendant did not show an absence of a factual question as to whether it would have eliminated plaintiff's position even without a retaliatory motive.

Appellate Information

• Argued 11/07/2007
• Decided 09/12/2008
• Published 09/12/2008

Judges

• WOOD, Circuit Judge., Before POSNER, WOOD, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Michael F. DeBoni, Jeffery L. Lund (argued), Sara J. MacLaughlin, Yoder, Ainlay, Ulmer & Buckingham, Patrick F. O'Leary, Goshen, IN, for Plaintiff-Appellant.


• For Appellees:
  
• Thomas J. Brunner, Jr. (argued), Baker & Daniels, South Bend, IN, for Defendant-Appellee.