Pena v. Kraft Foods Global, Inc.

After the company announced a plan to outsource positions, it arranged for the new vendor to accept applications from its employees. Two targeted employees applied for positions within the company, rather than pursuing employment with the new vendor, but were not hired. A third employee stayed with company, but claimed that the company has paid him less than he deserves because it has never promoted him. Plaintiffs attribute these adverse employment actions to their supervisor's bias against Hispanics. The district court granted summary judgment for the defendant company on claims under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000, and 42 U.S.C. 1981. The Seventh Circuit reversed in part, but affirmed on the pay discrimination claim. The district court improperly discounted the plaintiffs’ strongest evidence and erred in its analysis of the failure-to-hire claims under Title VII, by basing its decision on the lawful treatment of at least one Hispanic employee.