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Plaintiff's Suit for Race and Marital Association Retaliation Against Prospective Employer
Norman-Nunnery v. Madison Area Tech Coll., 09-1757, concerned a challenge to the district court's grant of summary judgment in favor of the defendants, in plaintiff's discrimination and retaliation suit against a college and three of its employees, claiming that she was not hired by the college because of her race and because her husband had previously filed a frivolous lawsuit against the same defendants.
In affirming, the court held that plaintiff is not entitled to a favorable inference under the spoliation doctrine as there is no evidence that any of the defendants destroyed documents in bad faith. The court also held that the district court correctly granted judgment in favor of the defendant on plaintiff's claim of racial discrimination in hiring as there is no evidence supporting her claim of pretext. Lastly, plaintiff's claim of "marital association retaliation" cannot survive summary judgment because she has failed to provide any evidence that the defendants refused to hire her because of her marriage to her husband.
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