Case 2: Jackson v. Plainfield HealthcareCenter, 612 F.3d 908 (7th Cir. 2010)(Mallor 15th p.1349).

The following facts are inspired by, but change and expand upon,the facts appearing in the above cited case.

Two residents of Wheatfield Healthcare Center, a privately runnursing home employing more than 50 employees, requested that onlywhite employees provide their care. Wheatfield complied with itsresidents' racial preference partly due to its interpretation of astate regulation governing long-term care facilities, whichsupposedly gave residents the right to “choose a personal attendingphysician and other providers of services.”

Supervisors at Wheatfield instructed Jennifer Jackson, whoworked as a certified nursing assistant (CNA) and who was the onlyAfrican-American employee at Wheatfield, about the carerestrictions for these residents. In addition, the shift assignmentsheet, which Jackson received every day, included a notation nextthe residents' names stating, “No Black CNA!” Jackson found thisembarrassing and frustrating; however, to keep a job she badlyneeded, she did not complain and complied with the restriction.Nonetheless, she believed this situation contributed to a generalair of hostility toward her. Several employees used vulgar racialepithets to refer to Jackson. One white employee complained loudlythat Wheatfield should stop hiring black employees because it mademore work for her. Jackson's friend, Arnie Lucas, complained to thehuman resources department on Jackson's behalf about theco-workers' behavior. Shortly thereafter, Lucas was placed onprobation, making him ineligible for overtime shifts.

Jackson badly injured her back helping a resident into bed. Sherequired extensive surgical care, physical therapy, andrehabilitation. When she was ready to return to work, her doctorrestricted how much weight she could lift. The restriction wasexpected to be permanent. Jackson's supervisor refused to allow herto return to work with the restriction and, eventually, Jackson wasfired.

Wheatfield required all of its healthcare workers to submit toperiodic mandatory drug tests. Not wanting Jackson to get anyunemployment compensation after her termination, Wheatfield'spresident and CEO instructed Bettina Collins, the human resourcesmanager, to testify falsely at Jackson's eligibility hearing thatJackson had failed her last drug test. When Collins refused to lie,she was fired.

1. Jackson has provided indirectevidence of racial discrimination in employment thereby triggeringthe McDonnel-Douglas shifting burden of proof: hersupervisors’ shift assignment notations about her race and theharassing behavior of its employees which subjected her to ahostile work environment.
2. Wheatfield cannot justify itsrestricting Jackson from working with residents who expressed aracial preference as a bona fide occupational qualification (BFOQ)necessary to give residents the right to “choose a personalattending physician and other providers of services.”
3. Lucas lacks a valid claim forunlawful discrimination under Title VII, because there is noindication he was discriminated against because he is a member of aprotected class.
4. Jackson is entitled to workers’compensation benefits for her injured back and, upon her return towork, to a reasonable accommodation that allows her to perform theessential functions of her job. She is also entitled tounemployment compensation benefits upon her being fired and unpaidleave while she recovers from her injuries.
5. Assuming Bettina Collins is anemployee at will, she can be fired by Wheatfield at any time withor without cause, and Wheatfield has no liability for wrongfuldischarge from employment.