Davis. v. Time Warner Cable of S.E. Wis., L.P., No. 10-1423 (7th Cir. 2011)
Annotate this CaseAn African-American salesperson was fired after his white boss concluded that the salesperson violated the company's zero-tolerance employee guidelines by processing a noncommissionable transaction as a commissionable one. The salesperson was reinstated after the customer whose transaction was allegedly botched clarified the type of service he had requested. Shortly after he returned to work, the company made changes to its compensation scheme that the salesperson believed adversely affected his future earnings potential. The district court rejected claims under 42 U.S.C. 1981(a) and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e. The Seventh Circuit affirmed. The employee did not demonstrate a real link between the bigotry and an adverse employment action. A rational jury could not infer from this evidence that the compensation plan was enacted for discriminatory reasons or that the company unlawfully retaliated against the employee.
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