The District Court granted the former employer’s motion for summary judgment. The Seventh Circuit revered and remanded.
The Seventh Circuit held that while the former employer asserted that the decision to fire Ledbetter was made five days prior to receiving notice of EEOC charge, the record showed that Ledbetter was in fact fired one day after his supervisor had become aware of his EEOC charge, and defendant produced no documentation that termination decision was made at earlier time. Furthermore, the former employer offered no evidence to explain why it waited six days to actually fire Ledbetter if in fact termination decision had occurred at that time.