Darchak v. City of Chicago Bd. of Educ., No. 08-2732
In an employment discrimination case, grant of defendant-board of education's motion for summary judgment is affirmed in part and reversed in part where: 1) district court did not err in dismissing plaintiff's retaliatory discharge claim as this does not cover renewal of a fixed-term employment contract; 2) plaintiff's retaliatory discharge claim fails for another reason because the nonrenewal of her contract did not violate a clear mandate of public policy; 3) district court correctly dismissed plaintiff's First Amendment retaliation claim as she failed to demonstrate that the board either delegated final policymaking authority to her supervisor or ratified their actions; but 4) for purposes of a national origin discrimination claim, plaintiff demonstrated triable issues as to whether the discrimination motivated the adverse employment action based on circumstantial evidence of her supervisor's racist remarks and nonrenewal of her contract based on his recommendation.
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued May 27, 2009
Decided September 2, 2009
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