Swyear v. Fare Foods Corp.

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Fare Foods hired Swyear as an outside sales representative in 2015. Swyear claims Porter (an owner) indicated that she would be the first female outside sales representative and expressed concern regarding her ability to perform effectively in a male-dominated field. Porter later testified that he liked hiring a woman because they could get men to do things like unload delivery trucks or make sales and that Fare employed several female outside sales representatives before Swyear. Swyear noticed the work environment was sometimes unprofessional; male employees used offensive nicknames, discussed the sexual activities of other employees, and talked about how one female employee dressed inappropriately. Porter testified that he was aware of and may have used the offensive nicknames. Swyear did not tell anyone she was offended nor did she make any formal or informal complaints. At one point, Swyear reported that a fellow representative had made overtures to her during a business trip. The company investigated but decided that discipline was not required. After two reviews, during which Swyear was given instructions about improving her job performance with respect to punctuality and use of company vehicles, Swyear’s employment was terminated. The Seventh Circuit affirmed the rejection, on summary judgment, of her claims of sexual discrimination, sexual harassment, and retaliation under Title VII, 42 U.S.C. 2000e, and breach of contract. View "Swyear v. Fare Foods Corp." on Justia Law