Gamble v. FCA US LLC

Federal 7th Circuit Court
Civil Court
Employment Discrimination
Citation
Case Number: 
No. 20-2254
Decision Date: 
April 8, 2021
Federal District: 
N.D. Ill., E. Div.
Holding: 
Affirmed

Dist. Ct. did not err in granting defendant-employer's motion for summary judgment in plaintiff-employee's Title VII action, alleging that he was victim of race discrimination for violating defendant's anti-harassment policy on two occasions. Record showed that plaintiff was given written warning for making inappropriate comments to two female coworkers, and that plaintiff was subsequently terminated after defendant's investigation revealed that: (1) plaintiff had acted inappropriately toward another female worker; and (2) second female worker came forward during investigation and told management that plaintiff had acted inappropriately towards her as well. Defendant was entitled to summary judgment, where plaintiff failed to identify co-worker outside of his race, who had also violated anti-harassment policy on two occasions, and who had received lesser sanction. Fact that plaintiff identified co-worker with one violation of anti-harassment policy who was not terminated did not require different result. Moreover, fact that defendant's human resources director testified in deposition in unrelated discrimination case that its policy may require that witnesses sign their statements that are given during investigations does not require different result, even though no witness signed his or her name during instant investigation of plaintiff, since presence or absence of signed, as opposed to unsigned statements, obtained during investigation had nothing to do with plaintiff's race.