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“The life of the law has not been logic; it has been experience.”

-Oliver Wendell Holmes, Jr.

To Have A Cause Of Action An Employee Has To Apply For The Position Into Which They Were Not Promoted.


In Jaburek v. Foxx, No. 15-2165, January 13, 2016, 7th Circuit, the employee filed a Title VII and Equal Pay Act claim alleging that her employer failed to promote her to the Program Analyst position that she was actually performing and for which she was receiving less pay than her male co-workers. The employee had advised her supervisor that her expanded job duties included the Program Analyst position. However, the employee failed to show that she ever formally applied for the Program Analyst position, or that comparable co-workers received the position instead of her. Further, the employee failed to establish an Equal Pay Act claim because none of the three comparable co-workers she named were in the same geographic office as the employee, and the employee failed to provide descriptions of their job duties.

The employee also failed to state a retaliation claim after her supervisor removed her Program Analyst duties. This was because the employee’s only “protest”over the removal was a request for a desk audit of her job. This was not an act of opposition to any discrimination sufficient to support a retaliation claim.

Categories Employment Law

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