Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in plaintiff-employee’s Title VII and section 1981 action alleging that defendant terminated him on account of his race. Record showed that defendant, as security guard, solidly slapped with his open palm autistic patient who had been kicking member of defendant’s staff, and that plaintiff was later terminated after defendant’s committee found that plaintiff’s use of force was not appropriate. Moreover, plaintiff failed to present evidence of similarly-situated co-worker who defendant had found had committed similar offense and who had received more favorable treatment. Fact that defendant’s representative gave factually incorrect response to EEOC inquiry concerning her knowledge about co-worker’s misconduct did not require different result.
Federal 7th Circuit Court
Civil Court
Employment Discrimination