Anthony D. Oliver, Plaintiff-Appellant,
Joint Logistics Managers, Inc., Defendant-Appellee.
March 27, 2018
from the United States District Court for the Central
District of Illinois. No. 15-cv-04014 - Sara L.
Wood, Chief Judge, and Bauer and Kanne, Circuit Judges.
Oliver sued his employer, Joint Logistics Managers, Inc.,
under 42 U.S.C. § 1981, alleging that it discriminated
against him when it laid him off and when it hired another
applicant to fill an open position. He also alleges that his
employer retaliated against him after he filed a charge with
the EEOC. The district court granted summary judgment in
favor of Oliver's employer. Because Oliver has failed to
present essential evidence in support of each of his claims,
Logistics Managers, Inc. ("Joint Logistics") hired
Anthony Oliver, an African-American man, as a truck driver in
2012. His employment terms were governed by a Collective
Bargaining Agreement ("CBA") between Joint
Logistics and the International Brotherhood of Teamsters
Local Union No. 371. The CBA outlined two seniority units:
(1) the Motor Vehicle Repair Employees ("repair
unit"); and (2) the Motor Vehicle Operation Employees
("transportation unit"). When Joint Logistics
conducted layoffs, the most junior employees within a
"seniority unit" were let go first. And when Joint
Logistics filled an existing position more senior employees
within the "seniority unit" had hiring priority.
employment history with Joint Logistics is complex (and
described in great detail by the district court). See
Oliver v. Joint Logistics Managers, Inc., No.
15-cv-04014, 2017 WL 736873 (C.D. Ill. Feb. 24, 2017). The
key events for the purpose of this appeal are the following:
• At various points during 2013-2015, Oliver was laid
off from and subsequently recalled to his position in the
transportation unit. Each time he was laid off, Oliver was
the least senior member of the transportation unit.
• In July 2014, Oliver applied for an open mechanic
position in the repair unit. Rocky Vance, a white male, also
applied. Neither employee had seniority over the other.
• In August 2014, while Joint Logistics considered his
application for the open mechanic position, Oliver filed a
charge with the EEOC alleging discrimination and retaliation.
• In September 2014, Joint Logistics hired Vance to fill
the open mechanic position.
• In late 2014 and early 2015, Joint Logistics filled
other mechanic positions. Oliver did not apply for these