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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. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

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  3. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

  4. JLAP and other courtiers ... Those running court systems, have most substance abuse issues. Probably self medicating to cover conscience issues arising out of acts furthering govt corruption

  5. I whole-heartedly agree with Doug Church's comment, above. Indiana lawyers were especially fortunate to benefit from Tom Pyrz' leadership and foresight at a time when there has been unprecedented change in the legal profession. Consider how dramatically computer technology and its role in the practice of law have changed over the last 25 years. The impact of the great recession of 2008 dramatically changed the composition and structure of law firms across the country. Economic pressures altered what had long been a routine, robust annual recruitment process for law students and recent law school graduates. That has, in turn, impacted law school enrollment across the country, placing upward pressure on law school tuition. The internet continues to drive significant changes in the provision of legal services in both public and private sectors. The ISBA has worked to make quality legal representation accessible and affordable for all who need it and to raise general public understanding of Indiana laws and procedures. How difficult it would have been to tackle each of these issues without Tom's leadership. Tom has set the tone for positive change at the ISBA to meet the evolving practice needs of lawyers of all backgrounds and ages. He has led the organization with vision, patience, flexibility, commitment, thoughtfulness & even humor. He will, indeed, be a tough act to follow. Thank you, Tom, for all you've done and all the energy you've invested in making the ISBA an excellent, progressive, highly responsive, all-inclusive, respectful & respected professional association during his tenure there.

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