United States Seventh Circuit

In an employment action alleging race and national origin discrimination, district court's grant of summary judgment for defendant is affirmed where: 1) plaintiffs could not make a prima facie case for discrimination as they did not identify a similarly situated employee outside of their protected class who was treated more favorably than they; 2) plaintiff Nadiger's retaliation claims fails as defendant had a legitimate and independent justification for the termination, and would have terminated her even without any retaliatory motive.

Appellate Information

• Argued 12/04/2008
• Decided 04/21/2009
• Published 04/21/2009

Judges

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

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Lisa Kane, Attorney (argued), Kane & Associates, Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• James F. Hurst, Attorney, Derek John Sarafa, Trial Attorney (argued), Winston & Strawn LLP, Chicago, IL, for Defendant-Appellee.