Cygnar v. City of Chicago

As the district court and my brothers conclude, the record certainly contains sufficient evidence to support a finding of racial discrimination. I would permit that jury verdict to stand. In my view, defendants’ “house-cleaning,” followed by an erratic hiring of new employees, cannot, as a *849matter of law, constitute an affirmative action plan. These transfer decisions were informal race-motivated attempts to remedy, on an ad hoc basis, a perceived imbalance similar to the informal affirmative action rejected by this court in Lehman v. Yellow Freight System, Inc., 651 F.2d 520, 525-28 (7th…