Moore v. Vital Products, Inc., No. 09-1527 (7th Cir. 2011)
Annotate this CasePlaintiff, previously employed by defendant as a driver-technician, claims racial and sexual discrimination, a hostile work environment, and retaliation, all in violation of Title VII (42 U.S.C. 2000(e)), and retaliatory discharge in violation of the Illinois Workers’ Compensation Act. He had been suspended for poor performance, then injured his back, and has not been present for work since 2005. The district court entered summary judgment in favor of the company, but denied the company's request for sanctions. The Seventh Circuit affirmed in part, but reversed on the retaliation claim. The Title VII claims of discrimination were time-barred and the plaintiff did not claim discriminatory discharge before the EEOC; he filed with the EEOC after being fired, so the termination was not retaliation for that filing. There was evidence that could support a claim of retaliation of the Workers' Compensation filing.
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