From labor disputes cases to labor and employment publications, for your research, you’ll find solutions on Bloomberg Law®. Protect your clients by developing strategies based on Litigation...
Freedom Mortgage Corp. prevailed in a claim of race discrimination by a black former broker liaison who said the company disciplined him more harshly than white co-workers for tardiness ( Reed v. Freedom Mortg. Corp. , 2017 BL 299003, 7th Cir., No. 16-3661, 8/25/17 ).
The ruling shows that a claim of discrimination based on a comparison to a co-worker’s discipline requires context so a court can determine whether the colleague actually broke workplace rules. For example, it wasn’t clear that the colleagues Joseph Reed said he observed arriving late were expected to punch in at the same time he was, Judge Ilana D. Rovner wrote Aug. 25 for the U.S. Court of Appeals for the Seventh Circuit.
There may have been evidence to support Reed’s claim, but his lawyer didn’t follow up when the company objected to his request for information about discipline imposed on co-workers, Rovner said.
Judges Richard A. Posner and Ann C. Williams joined the opinion, which affirms a lower court’s judgment for the company.
“There was no exculpatory evidence to be produced since Plaintiff was in fact singled out, as were two other African American employees,” Frank Andreou, a lawyer who represented Reed, told Bloomberg BNA in an email Aug. 27. “Freedom claims to have terminated Mr. Reed due to a reduction in force but produced zero evidence to support that business had dropped off other than an affidavit rank with hearsay.”
“We believe the Court was clear that Mr. Reed failed his burden of showing that any similarly situated non-African American employee was treated more favorably than he was,” Steve Pearlman, Freedom Mortgage’s attorney, told Bloomberg BNA in an Aug. 28 email. “This is consistent with our position that Mr. Reed received fair treatment.”
Andreou, Luke Casson, and Brittni King with Andreou & Casson Ltd. in Chicago represented Reed.
Pearlman and Edward Young with Proskauer Rose LLP in Chicago represented Freedom Mortgage.
To contact the reporter on this story: Jon Steingart in Washington at firstname.lastname@example.org
Text of the opinion is available at http://www.bloomberglaw.com/public/document/Reed_v_Freedom_Mortg_Corp_No_163661_2017_BL_299003_7th_Cir_Aug_25?doc_id=X10POM9K0000N.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)