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7th Circuit affirms court in retaliation claim

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A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.

From 2005 to August 2007, Kenneth Harper – who is African-American – was an instructor for truck driving school C.R. England Inc. In March 2007, he alleged that another African-American employee called him a racial epithet within earshot of his immediate supervisor, Eric Metzler, who is also African-American. Metzler said he never heard the insult, and after interviewing other people who had been in the room with Harper, he was unable to substantiate Harper’s claims.

In July 2007, Metzler met with Harper to issue several written warnings about his poor attendance, telling him he could not miss any more work for the remainder of the year. Harper subsequently took several days off to attend his sister’s wedding. In August, Harper was fired; by that time, he had missed 17 days of work in 2007.

Following the termination of his employment, Harper filed a charge of racial discrimination with the Equal Employment Opportunity Commission against C.R. England. On March 6, 2008, after receiving a “right to sue letter” from the EEOC, Harper filed a complaint in the Porter Superior Court, alleging racial discrimination, harassment and retaliation under 42 U.S.C. Section 1981 and Title VII, 42 U.S.C. Section 2000e et seq. C.R. England removed the case to the District Court and, once removal was effected, moved for summary judgment.

The District Court concluded Harper had failed to set forth a prima facie case, under either the direct or indirect method of proof, to support his claim that C.R. England had retaliated against him for reporting what he believed to be unlawful racial discrimination. The 7th Circuit affirmed the District Court’s findings in Kenneth Harper v. C.R. England, Incorporated, No. 11-2975.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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