Formella v. Brennan, No. 15-1402 (7th Cir. 2016)
Annotate this CasePlaintiff filed suit against USPS for employment discrimination based on race and age, in violation of Title VII of the Civil Rights Act of 1963, 42 U.S.C. 2000e-2 and 2000e-3, and the Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. 621 et seq. The district court granted summary judgment in favor of USPS and plaintiff appealed. As a preliminary matter, the court concluded that USPS has waived any timeliness arguments with regard to the denial of the non-competitive transfer at issue. On the merits, the court concluded that plaintiff failed to establish a prima facie case of reverse racial discrimination where another officer's better performance in an interview is unquestionably a legitimate, nondiscriminatory basis to hire one candidate over another. The court also concluded that plaintiff has developed no independent age discrimination argument in either the district court or in this appeal supporting his ADEA claims. Furthermore, plaintiff's retaliation claim fails where, plaintiff failed to present any direct or circumstantial evidence that the filing of the EEO complaint was the cause of his direct supervisor's, Captain Williams, rejection of the doctor’s note. Alternatively, a reasonable jury could not find a causal connection between the filing of plaintiff's informal EEO complaint and the activity of Captain Williams, as plaintiff's proffered pattern does not support a reasonable inference of retaliatory intent. Finally, plaintiff's retaliation claim also fails under the indirect method of proof because plaintiff failed to proffer any employees who are similarly situated for comparison purposes. Accordingly, the court affirmed the judgment.
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