Perez v. Thorntons, Inc., No. 12-3669 (7th Cir. 2013)Annotate this Case
Perez worked for a gasoline and convenience store, 2005-2009, and was working as the store manager when she sold herself about $127 worth of candy bars for $12. She was fired for failure to “control cash and/or inventory.” A few months earlier, Perez’s non‐Hispanic male supervisor had committed a similar act and was only given a warning. The district court rejected her suit under Title VII of the Civil Rights Act, alleging gender and national origin discrimination, on summary judgment. The Seventh Circuit reversed, holding that, although Perez’s behavior was wrongful, and a jury might find that her firing was not tainted by unlawful bias, a jury could also find that her wrongdoing was comparable to the wrongdoing of her supervisor, and that animus against women and Hispanics tainted the termination decision.