Warren Johnson v. Advocate Health and Hospitals Corporation

United States Court of Appeals for the Seventh Circuit · June 8, 2018 · No. No. 16-3848

Summary

Seventh Circuit affirmed summary judgment for employer on race discrimination claims (pay disparity, failure to promote, termination, assignments) because African-American plaintiffs failed to identify similarly situated non-African-American comparators. However, reversed summary judgment on hostile work environment claim, holding that repeated use of the N-word and other racially derogatory comments by supervisors created a triable issue of fact on severity/pervasiveness. The court also clarified that joint-employer liability analysis under Knight factors is required where harassment is by subcontractor supervisors, and that employer’s remedial response may be a jury question.

Disposition

reversed_and_rmanded

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