Plaintiff Made Out Prima Facie Case Of Title VII Retaliation
In this Title VII retaliation and ERISA interference case the plaintiff, Evelyn Benders, alleged that she was fired in April 2004 in retaliation for filing an age and race discrimination claim with the Equal Employment Opportunity Commission (EEOC) and for threatening to report a dispute about her employment status to the IRS. The defendant law firm, Bellows and Bellows, P.C. (B & B) maintained that it terminated Benders' employment in May 2003 for underperformance, well before she engaged in any protected activities. The twist in this case is that B & B's decision to fire Benders was communicated to her in rather uncertain terms by the firm's owner and president, Joel Bellows, who, despite his marriage to Laurel Bellows (the other “B” of B & B), had a romantic relationship with Benders during the first several years of her employment.
Notwithstanding these and other complexities, the district court found, as a matter of law, that B & B fired Benders on the earlier date. Consequently, the court granted B & B's motion for summary judgment on all three counts in the complaint.
On appeal, the 7th Circuit affirmed in part, and reversed in part, holding that: (1) a genuine issue of material fact existed as to the actual date on which B & B decided to fire Benders; (2) an issue of material fact existed as to whether Benders underperformed; (3) B & B lacked the requisite intent to violate the ERISA provision making it unlawful for an employer to interfere with rights protected under an ERISA plan; (4) an issue of material fact existed as to whether Benders was terminated in connection with her threat to notify the IRS of her employment status; and (5) Benders’ allegation that she was fired because Joel Bellows did not want his wife to learn about their consensual sexual relationship did not state a sex discrimination claim under Title VII.
Benders v. Bellows & Bellows
The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.