Nischan v. Stratosphere Quality, LLC, No. 16-3464 (7th Cir. 2017)Annotate this Case
Nischan had a history of performance problems and had made mistakes that had resulted in her demotion. One of her mistakes was serious, implicated safety concerns, and occurred in front of Sabbah, who was the employee of her employer’s (Stratosphere) client and who had then requested that Nischan be removed from the client’s account. Nischan then alleged that she was sexually harassed by Sabbah. Although Stratosphere requested that she report for reassignment, Nischan sought unemployment benefits. Nischan alleged that she was fired from her job for filing the sexual‐harassment complaint, citing Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, and the Illinois Human Rights Act. The district court dismissed her claims. The Seventh Circuit reversed in part. Nischan offered sufficient evidence supporting that claim to avert Stratosphere’s motion for summary judgment. Stratosphere had constructive notice of the harassment because supervisors were present when it occurred and were required, by the employee handbook, to report it.