United States Seventh Circuit

In an employment discrimination case involving claims of race discrimination, retaliation, and hostile work environment, the district court's grant of summary judgment in favor of the defendant-Secretary of Veterans Affairs is affirmed where: 1) plaintiff failed to prove a prima facie case under the indirect theory of race discrimination that she was meeting legitimate expectations, judged by whether the employee was performing adequately at the time of the adverse employment action, and whether she has identified a similarly situated employee; 2) plaintiff failed to prove that she suffered retaliation by showing more or less the same factors required under the race discrimination claim; and 3) plaintiff failed to prove (1) that her work environment was both objectively and subjectively offensive; (2) that the harassment was based on her membership in a protected class;(3) that the conduct was either severe or pervasive; and(4) that there is a basis for employer liability in order to pursue a hostile work environment claim.

Appellate Information

• Argued 05/27/2009
• Decided 08/20/2009
• Published 08/20/2009

Judges

• WOOD, Circuit Judge., Before CUDAHY, RIPPLE, and WOOD, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Armand L. Andry (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Samuel S. Miller (argued), Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.