Equal Employment Opportunity Commission v. AutoZone, Inc., No. 15-3201 (7th Cir. 2017)Annotate this Case
From 2008-2012, Stuckey worked as an AutoZone manager and was transferred between Chicago-area stores several times. None of the transfers entailed any loss in pay, benefits, or responsibilities. In 2012 he was transferred again, this time from a store on Kedzie Avenue that serves a largely Hispanic clientele. Stuckey never reported for work at his new assignment. He filed an EEOC complaint. Stuckey is black; he claimed that AutoZone transferred him out of the Kedzie location in an effort to make it a “predominantly Hispanic” store. The EEOC filed suit on Stuckey’s behalf alleging that the transfer violated 42 U.S.C. 2000e-2(a)(2), an infrequently litigated provision of Title VII that makes it unlawful for an employer “to limit, segregate, or classify his employees … in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.” The Seventh Circuit affirmed summary judgment for AutoZone, holding that the transfer was not an adverse employment action. The court rejected EEOC’s argument that the statute does not require the claimant to prove that the challenged action adversely affected his employment opportunities or status.
The court issued a subsequent related opinion or order on November 21, 2017.