7th Circuit Court of Appeals Allows Retaliation Lawsuit To Be Heard
The U.S Circuit Court of Appeals for the Seventh Circuit in Belinda Egan vs. Freedom Bank et al., is allowing the retaliation lawsuit to go forward. In a mixed ruling for Egan she lost on two other counts but at least won on the retaliation clam. According to published accounts Ms. Egan was recruited to become Vice-President of retail banking at Freedom Bank in July 2007. In September of that year, after a bank director made an unwelcome sexual advance, she complained to the bank's vp of human resources about the sexual harassment. In what shows that she was telling the truth the company investigated and the director resigned.
Meanwhile, Egan was terminated under the guise of an elimination of her person. The negative job action came after a short period of time of complaining of sexual harassment thereby raising the inference of retaliation. Egan filed a lawsuit in federal court alleging retaliation under Title VII of the Civil Rights Act of 1964. She also added two additional counts to the lawsuit, one for a hostile work environment and one for gender discrimination. The lower federal court granted the bank summary judgment dismissing the charges and the case went to the U.S. Court of Appeals for the Seventh Circuit.
The Court said "that the company hired four other persons in the first few months of Barajas's tenure. And Egan had no performance issues.”