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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. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

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