Benes v. A.B. Data, Ltd.

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 13-1166
Decision Date: 
July 26, 2013
Federal District: 
E.D. Wisc.
Magistrate Judge did not err in granting defendant-employer’s motion for summary judgment in instant Title VII retaliation action, where plaintiff alleged that defendant terminated him immediately after confrontation during EEOC-sponsored mediation session regarding plaintiff’s pending sex discrimination claim in which plaintiff barged into defendant’s private mediation room and stated: “you can take your proposal and shove it up your ass and fire me and I’ll see you in court.” Magistrate Judge could properly conclude that plaintiff was terminated for misconduct during mediation session as opposed to plaintiff’s participation in EEOC proceeding. Moreover, prospect of being fired for instant violation of mediation procedures would not generate inference of unlawful retaliation since said termination would not discourage reasonable worker from participating in EEOC investigation.