Background
Darell Burton applied to become a deputy sheriff in Will County, Illinois. During the formal background investigation, his former employer, the Canadian National Railway, provided a negative reference stating he was not dependable, did not work well with others, and would not be rehired. Based on this reference, the Will County Sheriff’s Merit Commission removed Burton from the certification process. Burton, who is Black, sued under Title VII of the Civil Rights Act of nineteen sixty-four, alleging racial discrimination. The district court granted summary judgment for the defendants, finding no evidence that race motivated the decision or that the employer’s reason was a pretext.
The court’s reasoning
The Seventh Circuit reviewed the summary judgment de novo. The court noted that while the defendants argued the Merit Commission was too small to qualify as an employer under Title VII, the court bypassed this jurisdictional issue because the plaintiff’s claim lacked evidentiary support on the merits. Applying the McDonnell Douglas burden-shifting framework, the court found Burton failed to establish a prima facie case because he was not qualified for the position due to his employment history. Furthermore, the court found no evidence that the negative employment reference was a pretext for racial discrimination. The court rejected Burton’s arguments regarding delayed disclosure, chart notations, a stray remark made by a commissioner years later, and statistical data, concluding that no reasonable jury could find that race caused the adverse employment action.
No evidence suggests that Burton’s race played any role in the Merit Commission’s decision.
Opinion at page 2
What it means going forward
The ruling reinforces that plaintiffs in employment discrimination cases must produce specific evidence linking an adverse action to a protected characteristic, and that statistical evidence alone is insufficient without proof of specific discrimination against the individual plaintiff.