McCurry v. Kenco Logistics, LLC

Federal 7th Circuit Court
Civil Court
Employment Discrimination
Citation
Case Number: 
No. 18-3206
Decision Date: 
November 8, 2019
Federal District: 
C.D. Ill.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in plaintiff-employee’s Title VII, ADEA, ADA and sections 1985 and 1981 claims alleging various forms of employment discrimination, where: (1) plaintiff failed to comply with local rules regarding proper responses to summary judgment motions; and (2) evidence arising out of defendant’s version of facts failed to support liability for any form of employment discrimination or conspiracy. Record showed that: (1) with respect to plaintiff’s unequal pay claim, male co-worker was paid more because he had extensive managerial responsibilities and plaintiff had none; (2) with respect to plaintiff’s failure to promote claim, record showed that plaintiff had failed to apply for said job; and (3) with respect to issuance of warning about plaintiff’s unauthorized use of overtime, said issuance did not constitute adverse act, since plaintiff failed to show how issuance had impact on any term of her employment. Ct. further issued rule to show cause against plaintiff’s counsel for filing incoherent brief that violated Rule 28.