Legal Opinion

Dennis Walker v. Abbott Laboratories

Court of Appeals for the Seventh Circuit

Decided August 18, 2003No. 02-1536PublishedCited by 89 opinions

1Opinion of the Court

KANNE, Circuit Judge.

Dennis Walker appeals the district court’s dismissal of his racial discrimination claim against his employer, Abbott Laboratories under 42 U.S.C. § 1981. Based on dicta in our decision in Gonzalez v. Ingersoll Milling Mach. Co., 133 F.3d 1025, 1035 (7th Cir.1998), the district court granted Abbott’s motion to dismiss on the ground that at-will employees cannot maintain claims under § 1981. For the reasons stated below, we find that at-will employment relationships are sufficiently contractual to support claims of racial discrimination in promotion and pay under § 1981;…

2Cases cited14 opinions

  1. Patterson v. McLean Credit UnionSupreme Court of the United States · 1989
  2. Runyon v. McCrarySupreme Court of the United States · 1976
  3. Fellhauer v. City of GenevaIllinois Supreme Court · 1991
  4. Gary McKnight Cross-Appellant v. General Motors Corporation, Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1990
  5. Perry v. WoodwardCourt of Appeals for the Tenth Circuit · 1999

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3Cited by89 opinions

  1. Hedrick G. Humphries v. Cbocs West, Inc.Court of Appeals for the Seventh Circuit · 2007
  2. Marcella Fane v. Locke Reynolds, LLPCourt of Appeals for the Seventh Circuit · 2007
  3. United States v. BrennanCourt of Appeals for the Second Circuit · 2011
  4. Innovation Ventures, LLC v. Custom Nutrition Labs., LLCCourt of Appeals for the Sixth Circuit · 2018
  5. Roy Sargeant v. Aracelie BarfieldCourt of Appeals for the Seventh Circuit · 2023

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