McCurdy v. Fitts, No. 15-1212 (7th Cir. 2016)
Annotate this CaseMcCurdy, a Williamson County Sheriff’s Department patrol deputy, applied for a job with the Southern Illinois Enforcement Group, which investigates drug crimes. She was selected, subject to a background check. While that check was conducted, she remained in her deputy’s post. Agent Braddy, who conducted the check, recommended that she not be hired after discovering that McCurdy had recently filed for bankruptcy and was in a long-term relationship with Mohring, who belonged to a biker gang associated with criminal activity. The Group had previously hired a male who was in financial difficulty and had some criminal associates; he was fired for stealing drugs and money from the unit. In her suit under 42 U.S.C. 1983, McCurdy alleged that she would have been promoted immediately had she been a man and that the Group gave her more scrutiny than it does male applicants. The Seventh Circuit affirmed summary judgment rejecting McCurdy’s hiring theory, but vacated with respect to her delay theory. Agent Braddy testified that she investigated McCurdy exactly the same way as she investigates other applicants. Employers are entitled to learn from their errors. Braddy’s findings constituted sex-neutral reasons for not hiring McCurdy. The district court did not resolve disputes concerning the delay theory.
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