Oliver v. Joint Logistics Managers, Inc.

Joint Logistics (JL) hired Oliver, an African-American, as a truck driver in 2012, subject to a Collective Bargaining Agreement, which outlined two seniority units: the Motor Vehicle Repair Employees and the Motor Vehicle Operation Employees (transportation unit). When JL conducted layoffs, the most junior employees within a “seniority unit” were let go first. When JL filled a position more senior employees within the unit had hiring priority. At various points during 2013–2015, Oliver was laid off from and subsequently recalled to his position in the transportation unit. Each time he was laid off, Oliver was the least senior member of that unit. In 2014, Oliver applied for an open mechanic position in the repair unit. Vance, a white male, also applied. Neither had seniority over the other. While JL considered his application, Oliver filed a charge with the EEOC alleging discrimination and retaliation. Weeks later, JL hired Vance to fill the position. During the following months, JL filled other mechanic positions, for which Oliver did not apply. Oliver brought discrimination and retaliation claims under 42 U.S.C. 1981. The Seventh Circuit affirmed summary judgment in favor of JL. Oliver cannot establish a prima facie case that he was laid off because of his race; he presented no adequate comparators. Oliver cannot demonstrate that JL hid a discriminatory motive when it failed to hire him for the mechanic position. View "Oliver v. Joint Logistics Managers, Inc." on Justia Law