(DOWNLOAD) "Stone v. City of Indianapolis Public Utilities Division" by Seventh Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Stone v. City of Indianapolis Public Utilities Division
- Author : Seventh Circuit U.S. Court of Appeals
- Release Date : January 19, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The plaintiff in this employment discrimination suit appeals from the grant of summary judgment for the defendants. As explained in an unpublished order issued today, none of the plaintiffs claims has any merit, and summary judgment was therefore properly granted. We limit this published opinion to a question on which clarification is needed. It is the proper standard for summary judgment when a plaintiff claims that he was retaliated against for complaining about employment discrimination. Two formulations are found in our cases, both adaptations of the ubiquitous McDonnell Douglas test for summary judgment in discrimination cases. See McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973). One is that the plaintiff is entitled to summary judgment if he shows that (1) after lodging a complaint about discrimination, (2) only he, and not any otherwise similarly situated employee who did not complain, was (3) subjected to an adverse employment action even though (4) he was performing his job in a satisfactory manner; unless (5) the defendant presents evidence of a reason (good or bad, provided only that it is not one that the law forbids) for the adverse action. Hiatt v. Rockwell Intl Corp., 26 F.3d 761, 767-68 (7th Cir. 1994); McEwen v. Delta Air Lines, Inc., 919 F.2d 58, 59 (7th Cir. 1990). The other formulation of the prima facie case of retaliation requires, in addition, (6) proof of a "causal link" between the protected expression in which the plaintiff engaged (as by filing a complaint about an unlawful act by his employer) and the adverse employment action of which he is complaining. E.g., Miller v. American Family Mutual Ins. Co., 203 F.3d 997, 1007 (7th Cir. 2000); Sauzek v. Exxon Coal USA, Inc., 202 F.3d 913, 918 (7th Cir. 2000); Byers v. Dallas Morning News, Inc., 209 F.3d 419, 427 (5th Cir. 2000); Jones v. Washington Metropolitan Area Transit Authority, 205 F.3d 428, 433 (D.C. Cir. 2000).
 "Stone v. City of Indianapolis Public Utilities Division" by Seventh Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free){kind=link}
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