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Berry v. Chicago Transit Auth., 07-2288

By FindLaw Staff on August 23, 2010 | Last updated on March 21, 2019

Berry v. Chicago Transit Auth., 07-2288, concerned a challenge to the district court's grant of summary judgment in favor of the defendant-employer, in plaintiff's suit against her employer, Chicago Transit Authority, claiming sex discrimination and hostile work environment.  In reversing in part, the court held that district court's grant of summary judgment on plaintiff's claim of a hostile work environment, as it related to the co-worker's actions and the employer's liability, was improper.  However, the court affirmed the grant of summary judgment on plaintiff's discrimination claim as she has not produced evidence of an adverse employment action.  Lastly, the court held that the plaintiff has forfeited her retaliation claim, as a plaintiff may not user her brief opposing summary judgment to introduce claims not stated in her complaint.

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