Eaton v. J.H. Findorff & Son, Inc., No. 20-1731 (7th Cir. 2021)Annotate this Case
Eaton was an apprentice in 2011 when Local 139 dispatched her to Findorff. At the end of Eaton’s first day on the job Findorff’s Project Superintendent, Szymkowski, terminated Eaton, concluding that she was inadequately trained. Local 139 filed a grievance. Findorff agreed to hire Eaton for a different job when that position became available. Weeks later, Findorff hired Eaton. Szymkowski privately told Eaton that she was slow and inefficient but rated her an average apprentice when filling out reports, which addressed only her technical skills. In late 2011, Findorff found itself overstaffed and implemented a rotating layoff schedule. Eaton filed a charge with the EEOC alleging that her layoff amounted to discrimination on the basis of sex; her complaint was dismissed. In August 2012, Findorff no longer needed a skip hoist operator and her employment was terminated.
In 2017, Eaton left a resume at Findorff. Szymkowski told the company’s receptionist that he would not rehire her. Later, a position opened. Local 139 notified Findorff’s receptionist that it was dispatching Eaton. Szymkowski sent a letter to Local 139, declining to hire Eaton due to past performance issues.
The Seventh Circuit affirmed summary judgment in favor of Findorff. Eaton waived a claim of sex discrimination. She lacks any evidence that the decision-makers knew that she had engaged in protected activity; she has failed to raise a genuine issue of material fact in support of causation for her retaliation claim.