Vesey v. Envoy Air, Inc., No. 20-1606 (7th Cir. 2021)
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Vesey, an African American woman, began work in 2012 for Envoy as a Quad Cities Airport station agent. In 2014, she drove a jet bridge into an aircraft and received a serious reprimand that remained in effect for two years. In 2016, Vesey and other Envoy employees lodged workplace-related complaints against each other. Envoy investigated and found Vesey’s allegations of bias and favoritism unsubstantiated. Weeks later, Vesey reported that a coworker, Masengarb, directed racist remarks and actions at her. Envoy found that complaint substantiated and fired Masengarb. Vesey claimed that others undertook a campaign of retaliation and harassment against her. An investigation uncovered several instances in which Vesey violated policies concerning the use of her travel benefit. Given that finding and the active reprimand, the investigator recommended termination.
Vesey sued Envoy, alleging retaliation and a hostile work environment under Title VII of the Civil Rights Act and the Illinois Human Rights Act. The Seventh Circuit affirmed summary judgment in favor of Envoy. Vesey does not allege retaliatory motives by Envoy’s investigators who recommended her termination, or by the committee members who approved it. The mere fact that an employee’s wrongdoing was reported by a biased supervisor with a retaliatory or discriminatory motive does not establish liability. A reasonable jury could not have concluded that Vesey was terminated for any reason other than her abuse of travel benefits.
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