United States Seventh Circuit

In plaintiffs' suit against their former employer alleging employment discrimination on the basis of their religious belief that homosexual conduct is sinful and other claims, summary judgment in favor of the employer is affirmed where: 1) plaintiff cannot show that she met the newspaper's legitimate performance expectations or that a similarly situated employee who did not share her religious beliefs was treated more favorably; 2) the other plaintiff's discrimination case based on religion, race, and age, and his retaliations claim, also failed because he could not show that he was meeting the employer's legitimate performance expectations; and 3) district court properly dismissed the plaintiffs' claims for negligent infliction of emotional distress as, under the "modified impact" version of the tort, there is no evidence whatsoever to support such a claim.

Appellate Information

• Argued 12/02/2008
• Decided 12/08/2009
• Published 12/08/2009

Judges

• SYKES, Circuit Judge., Before CUDAHY, FLAUM, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Lawrence T. Newman, Attorney (argued), Indianapolis, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Kenneth J. Yerkes, Attorney (argued), Jan M. Carroll, Attorney, Barnes & Thornburg, Indianapolis, IN, for Defendant-Appellee.