Opinions January 6, 2025
7th Circuit Court of Appeals
Gwendolyn D. Cunningham v. Lloyd J. Austin III, United States Secretary of Defense
24-1133
Civil. Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Senior Judge Sarah Evans Barker. Affirms the district court’s granting of summary judgment in Austin’s favor, reasoning that the department offered legitimate, nondiscriminatory reasons for its promotion decision and Cunningham failed to offer evidence that the department’s reasons were pretextual. Finds that while the district court misstated the law when it dismissed Cunningham’s statistical evidence out of hand, for statistics to support an employment discrimination claim, the plaintiff must also proffer individualized evidence of discrimination. Attorney for plaintiff: Tae Sture. Attorney for defendant: Rachana Fischer.