Cunningham v. Austin

Plaintiff sued her employer, alleging that the Department of Defense discriminated against her on the basis of race when it failed to promote her into a newly created position in its civil service. The district court granted summary judgment in the defendant’s favor, reasoning that the Department offered legitimate, non-discriminatory reasons for its promotion decision and that plaintiff failed to offer evidence that the defendant’s reasons were pretextual. The Seventh Circuit agreed and affirmed. (SCUDDER and JACKSON-AKIWUMI, concurring)