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Correctional officer fails to support claims of discrimination against employer

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A former officer in the Indiana Department of Correction had her claims of employment discrimination and retaliation rejected by the 7th Circuit Court of Appeals on the grounds she failed to provide supporting evidence.

Nora Chaib, a naturalized U.S. citizen born in France, appealed to the 7th Circuit after the U.S. District Court for the Southern District of Indiana, Indianapolis Division, granted summary judgment to her employer, the Indiana Department of Correction.  

Chaib worked at the Pendleton Correctional Facility for nearly three years. She alleged she was subjected to harassment, not given adequate training, and shown hostility by other co-workers because of her gender or national origin.

The 7th Circuit affirmed the District Court’s ruling in Nora Chaib v. State of Indiana, 13-1680, finding the lower court had correctly granted summary judgment to the defendant on each of Chaib’s claims.

As part of its own review of Chaib’s assertion of a hostile work environment, the 7th Circuit turned to Vance v. Ball State Univ., 570 U.S. __, 133 S. Ct. 2434, 2440 (2013).  

This case established that an employer is only liable for harassment from an employee’s co-workers if it was negligent in its response.

The 7th Circuit noted that after Chaib complained about her colleagues, she had no further problems with any of the officers. Moreover, she provided no evidence which indicated she had any subsequent problem with a co-worker after talking to her supervisors.

“No reasonable jury could say that her employer was negligent for failing to correct her co-workers’ behavior when it apparently corrected all of the behavior she reported,” U.S. District Court for the Northern District of Illinois Judge Frederick Kapala wrote.

Kapala was sitting on the panel by designation.   
 

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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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