Alverio v. Sam's Warehouse Club, Inc.

253 F.3d 933 (7th Cir. 2001)

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Nature of the Case

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Facts

P worked as a food demonstrator at D. P claimed that assistant manager Lloyd had the habit of laterally adjusting his groin while wandering the aisles of the store. Lloyd allegedly began harassing P. Allegedly, Lloyd's harassment continued until July 1995. One day P alleges that Lloyd came into the demonstration room, grabbed a butcher knife, and said something about the Mafia. Then, she contends he touched her stomach with the tip of the knife and dragged it across her stomach. P told her son, a Chicago police officer. Her son called the police, and Lloyd was arrested at work the next day. He was taken out of the store in handcuffs and was immediately suspended by D. P took some time off and when she returned to work. Lloyd was acquitted of all criminal charges and was transferred to another store in Indianapolis. P continued to work at D for another year and a half until she was terminated for physical and verbal abuse of a coworker where when she was informed she could not buy certain damaged goods she stuck the coworker three times on the back of the hand and called him an 'asshole.' After investigating this incident, P was fired. P sued D alleging sexual harassment and retaliatory termination. P claims improper jury selection. The venire consisted of 3 women and 11 men. The judge conducted voir dire and asked each attorney to exercise three peremptory challenges. P struck three men, and D struck all three women. P raised a Batson challenge, requiring D to explain each strike. After reviewing these justifications, the judge determined that the strikes were not motivated by invidious discrimination. D got the verdict and P motioned for a new trial. It was denied. P appealed.