Ruth Andrews v. CBOCS West, Incorporated
2014 U.S. App. LEXIS 2842
| 7th Cir. | 2014Background
- Andrews worked as a server at Cracker Barrel in Caseyville from 1999 until December 21, 2007; she previously sued Cracker Barrel and settled in 2003.
- After J.J. Stewart became general manager in 2006, Andrews alleges repeated race- and age-based comments and harassment; she repeatedly complained internally in 2007 and submitted contemporaneous notes to Employee Relations.
- Stewart encouraged Andrews to transfer to a Mt. Vernon store (~70 miles away); Andrews asked Stewart to initiate the transfer and requested three weeks’ paid vacation beginning December 22, 2007 to facilitate the move. Stewart approved the vacation.
- Andrews’ last day worked at Caseyville was December 21, 2007; she took paid vacation thereafter, never applied formally to Mt. Vernon, never obtained an offer or start date there, and never returned to Caseyville after vacation.
- Cracker Barrel’s HR system automatically marks employees who do not work for three consecutive weeks as “terminated”; the system later listed Andrews as having “quit with notice” and eligible for rehire. Andrews received a vacation payout check in January 2008.
- Andrews filed EEOC charges alleging she was fired because of race, age, sex, and in retaliation; the district court granted summary judgment for Cracker Barrel, and Andrews appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Andrews suffered a materially adverse employment action (i.e., was fired) | Stewart fired Andrews; personnel records and status changes show termination attributable to Stewart | Andrews voluntarily left in anticipation of transfer; administrative "termination" was automatic after >3 weeks’ absence | Held: No adverse action — Andrews voluntarily left; summary judgment for employer affirmed |
| Whether record evidence creates a genuine dispute that Stewart actually fired her | Andrews points to status-change entries and contends Stewart said transfer was approved and told her he would secure hours | Entries and comments on records ("QUIT WITH NOTICE", rehire eligibility) and lack of corroborating communications show no evidence Stewart fired her | Held: Disputed assertions are speculative; record supports voluntary departure, not firing |
| Whether Andrews’ retaliation and discrimination claims can survive absent termination | Andrews asserts retaliation/discrimination flowed from being fired by Stewart | Cracker Barrel argues all claims fail without a materially adverse employment action | Held: All claims fail because Andrews did not suffer an adverse employment action |
| Constructive discharge as an alternative theory | (Not asserted) — Andrews’ counsel intentionally did not pursue constructive-discharge theory | Cracker Barrel notes plaintiff did not invoke constructive-discharge doctrine | Held: Court did not consider constructive discharge; plaintiff waived that theory |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (summary-judgment burden on movant; showing absence of evidence)
- Coca-Cola Enters., Inc. v. ATS Enters., Inc., 670 F.3d 771 (Seventh Circuit standard of review for summary judgment)
- Cerutti v. BASF Corp., 349 F.3d 1055 (direct/indirect methods for discrimination claims)
- Ptasznik v. St. Joseph Hosp., 464 F.3d 691 (prima facie elements under indirect method)
- Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53 (retaliation adverse-action standard)
- Penn. State Police v. Suders, 542 U.S. 129 (constructive-discharge doctrine)
- Paz v. Wauconda Healthcare & Rehab. Ctr., LLC, 464 F.3d 659 (when credibility disputes preclude summary judgment)