Whitfield v. Int'l Truck & Engine Corp., No. 13-1876 (7th Cir. 2014)
Annotate this CaseIn 1996, Whitfield applied for an electrician position at Navistar’s plant. Navistar hired 16 electricians while Whitfield’s application was pending. The written job description required that an applicant have either eight years of experience or a journeyman card. Whitfield allegedly had nine years of experience, with four years in the U.S. Navy. A foreman interviewed Whitfield and stated he would hire him if the Union verified the required experience. The Union was allegedly unable to verify his experience through numerous employers, but did not consider Whitfield’s experience in the Navy. Whitfield continued to work elsewhere as an electrician and to provide additional references. In 1998, Whitfield obtained an IBEW card, so there was no doubt that he met the requirements. The Union cleared him for hire, and returned Whitfield’s file to the foreman, who opened his folder and saw that the word “black” written on the cover sheet. While the resubmitted application was pending, Navistar hired five white electricians. Whitfield was never formally rejected but in 1999 the foreman told him that Navistar would not allow him to hire Whitfield. At trial Navistar asserted errors in his resume and lack of PLC experience, an allegedly unstated qualification. In 2001 Whitfield and 26 others sued Navistar under Title VII, 42 U.S.C. 2000e-2(a)(1). The district court certified the other plaintiffs’ hostile work environment class and ordered that Whitfield’s hiring discrimination claim remain part of the case for discovery, but separated his claim for trial. The hostile work environment action settled during trial. During joint discovery there was extensive evidence showing extreme racial hostility at the plant. At Whitfield’s 2012 trial, the court rejected his submission regarding evidence from the class trial and concluded that his evidence was insufficient to prove discrimination. The Seventh Circuit reversed, noting an updated EEOC chart as clear and persuasive evidence that Whitfield was more qualified than many of the white electricians Navistar hired.
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