made by persons who had no involvement in plaintiff's termination. The third, made by Raymond Drenon, who, as Neely's supervisor was involved in the termination decision, occurred in 1989. Evidence of a supervisor's occasional or sporadic use of a slur directed at an employee's national origin is generally insufficient to support a Title VII claim. Hong, 993 F.2d at 1266. This is true even when the remarks are made by a decisionmaker, unless the plaintiff can show that the remark is related to the decision process. Id. Plaintiff shows no such connection.
Plaintiff relies upon mere allegations, conclusory statements and assertions of belief rather than admissible facts; the evidence presented does not raise a genuine dispute on the question of intentional discrimination. Friedel, 832 F.2d at 972. Plaintiff fails to provide any evidence from which a reasonable jury could conclude that Walgreen intentionally discriminated against her. Without such evidence, Count II of her complaint may not proceed.
Plaintiff's Title VII claim of retaliation fails for similar reasons. In order to demonstrate a prima facie case of retaliation, plaintiff must show that (1) she was engaged in statutorily protected expression (2) she suffered an adverse employment action and (3) there was a causal connection between the statutorily protected expression and the adverse employment action. Holland v. Jefferson Nat'l Life Ins. Co., 883 F.2d 1307, 1313 (7th Cir. 1989).
Plaintiff shows no causal connection. She admits in her deposition that no one at Walgreen ever mentioned her EEOC claims to her and that her only evidence of retaliation was that her termination followed the filing of a claim. Although the timing of an adverse employment action may be evidence of intentional discrimination, Walgreen terminated plaintiff nine months after she filed her claim with the EEOC. Such a gap is insufficient to show intentional discrimination. See Hughes v. Derwinski, 967 F.2d 1168 (7th Cir. 1992) (four-month gap between filing of administrative complaint and disciplinary letter and three year gap between filing of complaint and termination not sufficiently related to show retaliation); Maldonado v. Metra, 743 F. Supp. 563, 568 (N.D. Ill. 1990) (five-month lapse between complaint and termination "is not temporally close enough to raise an inference of a causal link.").
Plaintiff attempts to bolster her claim by asserting that Walgreen, particularly Neely, plotted to jeopardize her pharmacist's license. Plaintiff cites an instance in which Neely ordered Jean to leave a continuing education seminar which both were attending because no pharmacist was on duty at the Markham store. Jean argues that it was Neely's responsibility to cover the store, especially because Jean needed the credits to maintain her pharmacy license. Once more, plaintiff focuses on a business decision without providing any evidence that the decision was related to either her EEOC claim or her national origin. It is not the court's role to sit as a super-personnel department, reexamining an employer's business decisions. Hong, 993 F.2d at 1262. Plaintiff fails to show any causal connection between her EEOC claim and any actions taken by Walgreen against her; thus, she fails to establish her prima facie case for retaliation.
Plaintiff's § 1981 claims are based solely on national origin. "Claims founded on that status are not cognizable under § 1981, which is designed to remedy discrimination based on race or ethnicity." Von Zuckerstein v. Argonne Nat'l Laboratory, 984 F.2d 1467, 1472 (7th Cir.), cert. denied, 126 L. Ed. 2d 365, 114 S. Ct. 419 (1993). St. Francis College v. Al-Khazraji, 481 U.S. 604, 613, 95 L. Ed. 2d 582, 107 S. Ct. 2022 (1987). Thus, plaintiff's § 1981 claims will not be considered. Even if the § 1981 claims were considered, they would fail for lack of proof because the requisite methods of proof and elements of the case are essentially identical to those required in Title VII cases. Id.
All that remains is Count VI, plaintiff's state law claim of retaliatory discharge. Because all federal claims are being dismissed, jurisdiction over the state claim will be declined. 28 U.S.C. § 1367(c)(3).
Plaintiff has failed to show that genuine issues of material fact exist regarding her Title VII or § 1981 claims. No reasonable trier of fact could conclude that plaintiff was discharged because of her national origin. For these reasons, summary judgment will be granted as to Counts I through V of plaintiff's complaint. Count VI will be dismissed without prejudice.
IT IS THEREFORE ORDERED that the motion for summary judgment of Walgreen Co.  is granted. The Clerk of the Court is directed to enter judgment in favor of defendant and against plaintiff, dismissing plaintiff's cause of action with prejudice except that the state law claim, Count VI, is dismissed without prejudice for lack of subject matter jurisdiction.
William T. Hart
UNITED STATES DISTRICT JUDGE
Dated: SEPTEMBER 23, 1994
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