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Dalton v. Yellow Book USA
1:09-cv-00297
N.D. Ind.
Feb 8, 2012
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Background

  • Dalton, a Caucasian female born in 1958, worked for Yellowbook Inc. (formerly Yellow Book Sales & Distribution) from 2002 in Fort Wayne as an account executive.
  • Plaintiff asserted Title VII and ADEA claims alleging race, gender, and age discrimination and retaliation for discrimination complaints.
  • Defendant moved for summary judgment, contending no genuine issues of material fact and no adverse actions tied to protected activity.
  • Plaintiff, proceeding pro se, did not respond to the motion, though the court conducted a status hearing and provided Local Rules and governing procedures.
  • The court’s analysis focuses on whether Dalton engaged in protected activity, suffered materially adverse actions, and whether any actions were causally linked; it ultimately grants summary judgment.
  • Key factual backdrop includes revenue allocations during canvasses, “open season” on un-sold clients, and alleged discriminatory or retaliatory conduct surrounding the 2008–2009 canvass period, with additional claims arising from 2009 events and Dalton’s medical leave in 2010.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Dalton proves retaliation under Title VII/ADEA Dalton claims retaliation for protected activity. No knowledge of Dalton’s complaints by decision makers at the time of adverse actions. Retaliation claim failed; no evidence of adverse action connected to protected activity.
Whether Dalton proves gender discrimination under Title VII and ADEA Claims of gender bias in treatment and opportunities. No evidence of adverse actions different for women. Gender discrimination claim fails; no material adverse actions shown.
Whether Dalton proves age discrimination under ADEA Age-based disparate treatment alleged. Similar actions affected others without age bias; no prima facie case shown. ADEA discrimination claim fails for lack of prima facie showing.
Whether Dalton proves race discrimination under Title VII Race-based discrimination alleged despite reverse-race posture. No evidence showing race motivated decisions. Race discrimination claim fails; no genuine issue of material fact.

Key Cases Cited

  • Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment standard; credible evidence required to resist)
  • Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (movant need only show absence of material fact; burden on nonmovant to respond)
  • Tomanovich v. City of Indianapolis, 457 F.3d 656 (7th Cir. 2006) (causal link requires actual knowledge of protected activity)
  • Burlington Northern & Santa Fe Ry. v. White, 548 U.S. 53 (2006) (material adversity standard for retaliation)
  • Oest v. Illinois Dep’t of Corrections, 240 F.3d 605 (7th Cir. 2001) (petty slights or minor annoyances generally not actionable)
  • Baron v. Zimmer, 662 F.3d 448 (7th Cir. 2011) (burden-shifting framework for retaliation)
  • Sweeney v. West, 149 F.3d 550 (7th Cir. 1998) (evaluation of discriminatory claims with evidence)
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Case Details

Case Name: Dalton v. Yellow Book USA
Court Name: District Court, N.D. Indiana
Date Published: Feb 8, 2012
Citation: 1:09-cv-00297
Docket Number: 1:09-cv-00297
Court Abbreviation: N.D. Ind.