Harper v. C.R. England, Inc., No. 11-2975 (7th Cir. 2012)
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From 2005-2007 plaintiff, an African-American, was employed as a driving instructor for defendant, a trucking company. After a number of incidents involving reported use of racial slurs and warnings about attendance, plaintiff's employment was terminated and he sued, alleging racial discrimination, harassment and retaliation in violation of 42 U.S.C. 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e. He also alleged that the company retaliated against him for having filed a workers’ compensation claim, in violation of Indiana law. The district court granted summary judgment in favor of the employer. Plaintiff appealed only the retaliation claim. The Seventh Circuit affirmed. Plaintiff made a number of assertions, none of which could lead a reasonable jury to conclude that the stated reason for his firing was pretextual. He argued that his termination was unfair, but did not provide any evidence to refute that his cumulative exercise of leave was excessive or to demonstrate that his absences did not affect his job performance and ability to instruct.
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