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Dear v. Shinseki, No. 08-3728

By FindLaw Staff on August 21, 2009 3:10 PM

In an employment discrimination case involving claims of race discrimination, retaliation, and hostile work environment, summary judgment for defendant-Secretary of Veterans Affairs is affirmed where: 1) plaintiff failed to prove a prima facie case under the indirect theory of race discrimination that she was meeting legitimate expectations, judged by whether the employee was performing adequately at the time of the adverse employment action, and whether she has identified a similarly situated employee; 2) plaintiff failed to prove that she suffered retaliation by showing more or less the same factors required under the race discrimination claim; and 3) plaintiff failed to prove (a) that her work environment was both objectively and subjectively offensive; (b) that the harassment was based on her membership in a protected class;(c) that the conduct was either severe or pervasive; and (d) that there is a basis for employer liability in order to pursue a hostile work environment claim.

Read Dear v. Shinseki, No. 08-3728

Appellate Information

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division.
Argued May 27, 2009
Decided August 20, 2009


Before Cudhay, Ripple, and Wood, Circuit Judges 
Opinion by Wood, Circuit Judge.

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