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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. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

  2. I agree. My husband has almost the exact same situation. Age states and all.

  3. Thanks Jim. We surprised ourselves with the first album, so we did a second one. We are releasing it 6/30/17 at the HiFi. The reviews so far are amazing! www.itsjustcraig.com Skope Mag: It’s Just Craig offers a warm intimacy with the tender folk of “Dark Corners”. Rather lovely in execution, It’s Just Craig opts for a full, rich sound. Quite ornate instrumentally, the songs unfurl with such grace and style. Everything about the album feels real and fully lived. By far the highlight of the album are the soft smooth reassuring vocals whose highly articulate lyrics have a dreamy quality to them. Stories emerge out of these small snapshots of reflective moments.... A wide variety of styles are utilized, with folk anchoring it but allowing for chamber pop, soundtrack work, and found electronics filtering their way into the mix. Without a word, It’s Just Craig sets the tone of the album with the warble of “Intro”. From there things get truly started with the hush of “Go”. Building up into a great structure, “Go” has a kindness to it. Organs glisten in the distance on the fragile textures of “Alone” whose light melody adds to the song’s gorgeousness. A wonderful bloom of color defines the spaciousness of “Captain”. Infectious grooves take hold on the otherworldly origins of “Goodnight” with precise drum work giving the song a jazzy feeling. Hazy to its very core is the tragedy of “Leaving Now”. By far the highlight of the album comes with the closing impassioned “Thirty-Nine” where many layers of sound work together possessing a poetic quality.

  4. Andrew, if what you report is true, then it certainly is newsworthy. If what you report is false, then it certainly is newsworthy. Any journalists reading along??? And that same Coordinator blew me up real good as well, even destroying evidence to get the ordered wetwork done. There is a story here, if any have the moxie to go for it. Search ADA here for just some of my experiences with the court's junk yard dog. https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert Yep, drive by shootings. The lawyers of the Old Dominion got that right. Career executions lacking any real semblance of due process. It is the ISC way ... under the bad shepard's leadership ... and a compliant, silent, boot-licking fifth estate.

  5. Journalism may just be asleep. I pray this editorial is more than just a passing toss and turn. Indiana's old boy system of ruling over attorneys is cultish. Unmask them oh guardians of democracy.

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