Nora Chaib v. Geo Group, Incorporated, 2016 U.S. App. LEXIS 6297

Background

Nora Chaib worked at GEO Group’s Plainfield, IN correctional facility; she filed multiple complaints (Oct 2011–Feb 2012) alleging racist comments and harassment by coworkers.
She suffered a workplace concussion on March 6, 2012, visited physicians multiple times, and had her medical leave and work restrictions repeatedly extended by her doctor.
GEO’s claims director suspected malingering, commissioned surveillance showing Chaib driving and running errands, and sent the videos to a neurologist who opined Chaib was likely malingering.
After returning to work, Chaib was placed on administrative leave; GEO revised a termination recommendation to charge her with “unbecoming conduct” and fired her on June 14, 2012.
Chaib sued under Title VII and 42 U.S.C. § 1981 alleging discrimination (sex, race, national origin) and retaliation; she also asserted an Indiana-law retaliation claim for filing workers’ compensation.
The district court granted GEO Group summary judgment; the Seventh Circuit affirmed, concluding Chaib failed to produce evidence that discrimination motivated her termination and she waived retaliation arguments on appeal.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Chaib produced sufficient evidence under the direct method to show discriminatory motive for termination	Chaib relied on prior racist/harassing incidents and a racially offensive computer comment to infer discrimination	GEO argued those incidents were unrelated to the termination decision and decisionmakers	Held: Incidents were not tied to the termination decision; direct-method inference fails
Whether Chaib established a prima facie case under McDonnell Douglas (indirect method)	Chaib contended she belonged to protected classes and was terminated despite meeting expectations	GEO argued Chaib failed to meet job expectations and identified legitimate nondiscriminatory reason (unbecoming conduct based on suspected malingering)	Held: Chaib failed to show she met legitimate expectations and identified no comparable employees; prima facie case fails
Whether GEO’s stated reason (unbecoming conduct for exaggerating impairment) was pretext for discrimination	Chaib argued prior complaints of racism showed motive and undermined GEO’s credibility	GEO showed surveillance video, a neurologist’s opinion, and sincere belief that Chaib exaggerated symptoms	Held: GEO’s reason was not a phony excuse; Chaib offered no evidence of pretext
Whether Chaib preserved retaliation claims on appeal	Chaib raised retaliation below but did not brief it on appeal	GEO argued waiver by failure to brief	Held: Retaliation claims waived on appeal; court would reach same result even if considered

Key Cases Cited

Rahn v. Bd. of Trs. of N. Ill. Univ., 803 F.3d 285 (7th Cir. 2015) (standard of review for summary judgment and construing facts for nonmoving party)
O’Leary v. Accretive Health, Inc., 657 F.3d 625 (7th Cir. 2011) (court must view record in light most favorable to nonmoving party)
Malin v. Hospira, Inc., 762 F.3d 552 (7th Cir. 2014) (misrepresenting or omitting record evidence undermines summary judgment motion)
Simpson v. Beaver Dam Cmty. Hosps., Inc., 780 F.3d 784 (7th Cir. 2015) (plaintiff must show reasonable jury could find unlawful discrimination)
Tank v. T-Mobile USA, Inc., 758 F.3d 800 (7th Cir. 2014) (direct and indirect methods of proof for discrimination)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (burden-shifting framework for discrimination cases)
Anderson v. Donahoe, 699 F.3d 989 (7th Cir. 2012) (requiring a ‘‘convincing mosaic’’ of circumstantial evidence under direct method)
Gorence v. Eagle Food Ctrs., Inc., 242 F.3d 759 (7th Cir. 2001) (offensive remarks not tied to employment decision cannot support direct-method proof)
Perez v. Thorntons, Inc., 731 F.3d 699 (7th Cir. 2013) (elements of prima facie case under McDonnell Douglas)
Hudson v. Chi. Transit Auth., 375 F.3d 552 (7th Cir. 2004) (pretext analysis: more than employer mistake; must be a phony excuse)
United States v. Holm, 326 F.3d 872 (7th Cir. 2003) (issues not meaningfully briefed on appeal are waived)