7th Circuit determines race discrimination claim can proceed

Federal law prohibits discrimination against employees based on their race, including different treatment for similar conduct between similarly situated individuals. Are two employees who engaged in entirely different conduct sufficiently “similarly situated” to allow a discrimination claim to proceed? This issue was recently addressed by the U.S. 7th Circuit Court of Appeals.

Race discrimination under Title VII

Title VII of the Civil Rights Act of 1964 protects employees from discrimination by employers based on race, color, religion, sex, and national origin. A race discrimination suit can include allegations of different treatment based on race.

To establish a case for differing treatment under Title VII, an employee must show that:

• He is a member of a protected class;
• He met his employer’s legitimate job expectations;
• He suffered an adverse employment action; and
• Similarly situated employees outside of his protected class were treated more favorably.

Employees are similarly situated when they share the same supervisor, are subject to the same standards, and if their conduct was of comparable seriousness.

The claim

Andrew Dunlevy, a white man, worked as a utility water meter reader for the city of Springfield, Illinois. After he was fired for reporting water meters inaccurately, Dunlevy sued Jim Langfelder, the mayor of Springfield, and the city for race discrimination.