Kuscher v. CME Group, Inc.

Summary

The United States District Court for the Northern District of Illinois grants CME Group, Inc.’s motion for summary judgment in Paul Kuscher’s action alleging discrimination based on national origin, race, and gender, retaliation, and harassment under Title VII and the Illinois Human Rights Act. The court concludes that Kuscher failed to establish the required elements of his discrimination and retaliation claims, including legitimate-performance and comparator evidence and a causal connection between his complaints and termination. The court also finds that Kuscher waived or otherwise failed to support his harassment claim.

Holdings

1. CME was entitled to summary judgment because Kuscher failed to establish a prima facie case under the McDonnell Douglas framework and, considered holistically under Ortiz, the evidence did not support a reasonable inference that his national origin, race, or gender caused his termination or other adverse employment action.
2. CME was entitled to summary judgment on the retaliation claim because Kuscher failed to produce evidence from which a reasonable jury could find a causal link between his protected complaints and his termination.
3. CME was entitled to summary judgment on Kuscher's harassment claim because he waived the claim by failing to develop it and, in any event, the alleged conduct was not sufficiently severe or pervasive to alter the conditions of employment and create an objectively hostile work environment.
4. A litigant waives an argument by failing to present and develop it before the district court.

Questions Presented

1. Whether CME was entitled to summary judgment on Kuscher's Title VII and Illinois Human Rights Act discrimination claims based on national origin, race, and gender.
2. Whether Kuscher presented evidence sufficient to establish a causal link between his protected complaints and his termination for purposes of his Title VII and Illinois Human Rights Act retaliation claims.
3. Whether Kuscher presented evidence of harassment sufficiently severe or pervasive to create a hostile work environment.
4. Whether the undisputed record, considered under the McDonnell Douglas and Ortiz frameworks, could permit a reasonable factfinder to conclude that discriminatory or retaliatory motive caused Kuscher's termination.

Disposition

other