Teruggi v. CIT Group/Capital Finance, Inc.
709 F.3d 654
| 7th Cir. | 2013Background
- Teruggi, a 59-year-old, was employed by CIT Group d/b/a CIT Rail as vice president from 1997 until February 2009.
- He suffered a workplace hand injury in 2002, and after a 2005 workers’ compensation claim, he received a $35,000 settlement in 2007.
- Teruggi sought accommodations (backup disk drive, personal email transfers); Cit approved some transfers but denied a left-handed keyboard request.
- Cashman, a CIT executive, made several age-related and disability-related comments, and a 2007 memo referred to Teruggi as “OLD.”
- In 2007-2008, DiStefano, not Teruggi, was offered a senior VP position; Teruggi applied but was not chosen.
- Teruggi’s 2008-2009 email activity included forwarding confidential supplier information to external recipients, prompting an internal investigation and his February 2009 termination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Teruggi proves age or disability discrimination | Teruggi relies on a circumstantial mosaic of evidence. | Evidence fails to show discriminatory intent. | No genuine issue of material fact; no discrimination. |
| Whether Teruggi proves retaliatory discharge for workers’ comp claim | Discharge occurred in retaliation for the claim. | Timing and evidence do not show a causal link. | No genuine issue of material fact; no retaliation. |
Key Cases Cited
- Atanus v. Perry, 520 F.3d 662 (7th Cir. 2008) (direct/indirect proof using circumstantial evidence)
- Buie v. Quad/Graphics, Inc., 366 F.3d 496 (7th Cir. 2004) (circumstantial evidence standards)
- Zaderaka v. Ill. Human Rights Comm’n, 545 N.E.2d 684 (Ill. 1989) (IHRA analysis aligned with federal claims)
- Luckett v. Human Rights Comm’n, 569 N.E.2d 6 (Ill. App. Ct. 1989) (IHRA standards mirrored to analogous federal claims)
- Rhodes v. Ill. Dep’t of Transp., 359 F.3d 498 (7th Cir. 2004) (convincing mosaic standard for circumstantial evidence)
- Troupe v. May Dep’t Stores Co., 20 F.3d 734 (7th Cir. 1994) (mosaic approach to circumstantial evidence)
- Dass v. Chi. Bd. of Educ., 675 F.3d 1060 (7th Cir. 2012) (requirement that evidence points to a discriminatory reason)
- Hemsworth v. Quotesmith.com, Inc., 476 F.3d 487 (7th Cir. 2007) (timing and reference requirements for discrimination evidence)
- Van Antwerp v. City of Peoria, Ill., 627 F.3d 295 (7th Cir. 2010) (pretext evidence must show animus via direct inference)
- Lang v. Illinois Dep’t of Children & Family Servs., 361 F.3d 416 (7th Cir. 2004) (close temporal proximity as evidence of causation)
- Jackson v. Bunge Corp., 40 F.3d 239 (7th Cir. 1994) (causation standard for retaliation claims)
- Gorence v. Eagle Food Ctrs., Inc., 242 F.3d 759 (7th Cir. 2001) (irrelevancies do not add up to discrimination)