Martino v. Western & Southern Financial Group, 715 F.3d 195

Martino, a naturalized U.S. citizen born in Italy, was hired by Western-Southern Financial Group as a sales representative in Indiana and terminated less than two months later.
Martino also served as a pastor; he sought approval to hold an outside pastoral position, which did not meet the company's hours/pay limits.
W&S attempted to verify Martino’s employment eligibility under IRCA via Form I-9; Martino submitted an incomplete I-9 and later received SSA communications indicating he could not promptly verify eligibility.
HR determined Martino could not complete the I-9 process within a reasonable time and prepared a termination due to failure to provide work eligibility documents; he was notified October 16, 2006.
W&S notified the Indiana Department of Insurance of Martino’s involuntary termination consistent with policy; this led to an SSA inquiry but no finding of wrongdoing.
Martino filed Title VII religious and national-origin discrimination claims and a state-law defamation claim; the district court granted summary judgment for W&S, which this court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Martino show pretext for religious discrimination?	Martino argues comparator Bacon and timing suggest pretext.	W&S presented a legitimate non-discriminatory reason: failure to provide I-9 documents.	No genuine pretext; W&S's reason accepted.
Did W&S defame Martino by reporting to the state insurance department?	Reporting implied misconduct in Martino's trade; actionable defamation per se or per quod.	Letters stated the discharge reason and were not false or defamatory; reporting was policy-based.	Defamation claim failed; no actionable defamation.

McGowan v. Deere & Co., 581 F.3d 575 (7th Cir.2009) (elements of prima facie discrimination and pretext framework)
Antonetti v. Abbott Labs., 563 F.3d 587 (7th Cir.2009) (direct and indirect evidence in Title VII cases)
Scruggs v. Garst Seed Co., 587 F.3d 832 (7th Cir.2009) (pretext standard after legitimate nondiscriminatory reason)
Hague v. Thompson Distribution Co., 436 F.3d 816 (7th Cir.2006) (pretext analysis and timing considerations)
Pugh v. City of Attica, Ind., 259 F.3d 619 (7th Cir.2001) (timing evidence in discrimination analysis)
Ilona of Hungary, Inc. v. Trail, 108 F.3d 1569 (7th Cir.1997) (direct/indirect evidence and religious discrimination framework)
Millbrook v. IBP, Inc., 280 F.3d 1169 (7th Cir.2002) (definition of pretext and improper reasons for termination)
Trail v. Boys & Girls Clubs of Northwest Indiana, 845 N.E.2d 130 (Ind.2006) (defamation elements under Indiana law)
Dugan v. Mittal Steel USA Inc., 929 N.E.2d 184 (Ind.2010) (defamation per quod under Indiana law)