Evidence Of Pretext In Appointment Of Store Manager
Simple sued claiming race discrimination in violation of Title VII; the trial court granted summary judgment for the employer; the 7th Circuit reversed.
Simple was a black assistant store manager interested in being promoted to store manager. His district manager offered to appoint him manager of two stores in predominately black, low-income neighborhoods, but Simple declined. Later, the district manager appointed a white person to be a store manager in a predominately white neighborhood without notifying Simple of the opening. The white appointee had been an assistant manager for fewer years than Simple, and there was no evidence that the white appointee was better qualified. The white appointee had not expressed interest in the store, and she had not been offered appointment to any predominately black stores. The 7th Circuit held that Simple had adequately demonstrated pretext, so the case could go to a jury. The employer provided inconsistent explanations for its appointment of the other person, and there was evidence that the district manager was trying to steer Simple to a predominately black store.
Simple's store manager said that she told him he might not be happy working in the predominately black store. This was an admission by the employer. Although the store manager was not involved in the decision-making process, she was involved in the process leading up to it because she was consulted.
Simple v. Walgreen Co.
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.
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