An African-American factory employee won the right to take his Title VII retaliation claim to a jury because his manager had accused him of “playing the race card.” The employee “almost habitually” complained about poor treatment from a white co-worker, as well of racial discrimination in training and promotion decisions that he was denied. In one particular meeting where the employee was being questioned about why he did not complete a supervisor-assigned task (and for which he was ultimately fired), a supervisor accused the employee of playing the race card and told him to find other employment if he did not like working there. The employee denied ever mentioning race during this particular meeting. Even though the employee had not complained about race issues in the days prior to his termination, he had made complaints earlier in the year. The Seventh Circuit concluded that his earlier complaints, when coupled with the “race card” comment and the employee’s denial that he cited race during the disciplinary meeting, established a jury question as to whether the employee’s historical complaints about racial discrimination at the job was the real reason for his discharge. Burnell v. Gates Rubber Co., No. 10-3490, 7th Cir. July 27, 2011.
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