The Seventh Circuit reversed. It noted that the record showed that Stuart never received any referrals in 4.5 years, even though there had been no shortage of driving jobs in said time period, and although defendant raised statute of limitations defense, record contained factual dispute regarding whether any referrals to others occurred within applicable 300-day limitations period. Further, Shadur was incorrect in his belief that plaintiff’s “failure to refer” claim was not actionable under Title VII.
Finally, "Because of the abruptness and irregularity of the district judge’s handling of this case . . . and the unmistakable (and to us incomprehensible) tone of derision that pervades his opinion," the Seventh Circuit remanded to a different district judge.