Employee Failed To Establish Title VII Claim For Hostile Work Environment, Sex Discrimination, Or Retaliation

Joella Wyninger, brought suit alleging multiple violations of Title VII of the Civil Rights Act of 1964, by her former employer, New Venture Gear, Inc. ("NVG"). Wyninger asserted that NVG tolerated or condoned a hostile work environment based on gender, maintained unequal terms of employment, and fired her because of her sex and in retaliation for a sexual harassment complaint she made against her coworkers. The district court granted summary judgment to NVG on all of Wyninger's Title VII claims. The 7th Circuit affirmed, holding that: (1) neither the vulgar language of male shift superintendents in Wyninger’s department, nor generalized workplace difficulties encountered by Wyninger, supported a hostile work environment claim; (2) even if a union representative made blunt and humiliating sexual requests during a telephone call to Wyninger and created a threatening atmosphere in his office the next day, NVG satisfied its obligation to maintain a harassment-free work environment under Title VII; (3) there was insufficient evidence that Wyninger was subjected to an adverse employment action or that three allegedly similarly-situated male supervisors received more favorable treatment, so as to support a gender discrimination claim; and (4) NVG was not liable for retaliation under Title VII by terminating Wyninger for failure to meet its performance expectations at the end of her 90-day probationary period.

Wyninger v. New Venture Gear

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The 7th Circuit Court of Appeals’ jurisdiction includes Illinois, Indiana and Wisconsin.

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