Based on the record in this matter, there is no genuine issue of material fact as to whether Respondent's treatment of Complainant was the result of unlawful discrimination. The uncontradicted, competent, admissible evidence in the record shows that Respondent terminated Complainant's employment because of her unsatisfactory job performance during her probation. Complainant has submitted no evidence, nor is there any other evidence in the record, from which a reasonable factfinder might draw an inference of race discrimination. As a matter of law, therefore, Respondent is entitled to summary decision in its favor. The complaint should be dismissed, with prejudice.
Complainant is black.
James Darrow, who at that time was Respondent's Administrative Manager, made the decision to hire Complainant. Darrow was aware when he made the recommendation to hire Complainant that Complainant was black. The duty of a Record Clerk was primarily to quickly pull files for Customer Service Representatives, who would submit request slips for the files during telephone conferences with client representatives. Almost immediately after Complainant began her employment, Respondent began experiencing problems with her. Complainant and one of her fellow Record Clerks, Vanessa Day, whom Respondent had hired on Darrow's recommendation at the same time as Complainant, were involved in a dispute with two Customer Service Representatives, Karen Born and Christine Van Vreede.