United States Seventh Circuit

In an employment sex discrimination and retaliation case, summary judgment in favor of defendants is affirmed where: 1) plaintiff failed to demonstrate actual employment action as she was merely on leave and not terminated; 2) plaintiff's hostile work environment claim failed on alternative theory of constructive discharge as there was insufficient evidence showing that working conditions were so intolerable that she had to quit; 3) defendant was entitled to raise its affirmative defense that it exercised reasonable care to prevent and correct the problem, and defendant demonstrated that plaintiff failed to take advantage of the complaint procedure policy; and 4) plaintiff failed to prove retaliation claim by either the direct method of proof or the indirect method and she cannot make out a prima facie case of retaliation as she suffered no adverse employment action.

Appellate Information

• Argued 05/07/2009
• Decided 08/27/2009
• Published 08/27/2009

Judges

• LAWRENCE, District Judge., Before FLAUM and WILLIAMS, Circuit Judges, and LAWRENCE, District Judge.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Ronald Broida (argued), Broida & Associates, Naperville, IL, for Plaintiff-Appellant.


• For Appellees:
  
• William J. Tarnow, Sonya Rosenberg (argued), Neal, Gerber & Eisenberg, Chicago, IL, for Defendant-Appellee.