Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in plaintiff’s Title VII and contract claims alleging that defendant terminated her on account of her race and in retaliation for having complained of racial harassment and in contravention to oral contract allowing her to return to work from medical leave at certain date. Defendant stated that plaintiff was terminated for failing to return to work by deadline set by defendant. As such, plaintiff failed to establish any race discrimination claim, where plaintiff’s comparable co-worker, who was given several chances to return to work after taking similar leave, was not similarly-situated to plaintiff, where said co-worker kept in contact with defendant during her leave, while plaintiff did not, thereby giving defendant perception that she had abandoned her job. Moreover, plaintiff failed to establish any retaliation claim, where plaintiff’s protest came three years prior to her termination. Also, with respect to plaintiff’s breach of contract claim alleging that deadline for her return was extended by agreement with defendant’s counsel, plaintiff failed to show that counsel had authority to extend said deadline. Too, although plaintiff may have been misled by defendant’s counsel as to plaintiff’s return date, any promise by defendant’s counsel can only be viewed as ultra vires act that would not support any estoppel claim.
Federal 7th Circuit Court
Civil Court
Employment Discrimination