2 min read
May 23, 2012
Recently, the United States Court of Appeals for the Seventh Circuit held that an employer bank did not unlawfully discriminate against a female employee based on her husband’s immigration status.
In Cortezano v. Salin Bank & Trust Company, the employee alleged national-origin discrimination under Title VII and emotional distress, defamation, and blacklisting, all of which, she claimed, was based on her marriage to a Mexican citizen whose presence in the United States was unauthorized.
During the employee's tenure with the bank, she assisted her husband in opening two accounts — a personal account and a business account for his company. Ultimately, the employee's husband's business failed and he returned to Mexico to sort out his citizenship status. Around that time, the employee informed her supervisor about her husband's unauthorized status, and the supervisor reported this to the bank’s security officer. In an initial meeting with the employee, the security officer surmised that the employee's husband must have used fraudulent documents to open the bank accounts, and, as such, he informed the employee that he would file an internal suspicious activity report.
Following a scheduled meeting with bank representatives, at which the employee's attorney was denied admittance, the employee was terminated, which prompted the employee to file suit. The bank sought to dismiss all of the employee's claims and ultimately prevailed by way of a motion. The employee appealed.
The United States Court of Appeals for the Seventh Circuit affirmed the district court in all regards. The Court held that the bank terminated the employee because of her husband’s immigration status, not because of his race or national origin. The Seventh Circuit further held that even assuming that Title VII applies to discrimination against one’s spouse, the employee's claim fell short because it was based on the employee's husband's alienage, which is not protected by the statute.
In reaching this determination, the Seventh Circuit acknowledged that the United States Supreme Court in Espinoza v. Farah Mfg. Co, 414 U.S. 86 (1973) previously concluded that the term “national origin” was limited to “the country from which you or your forebears came” and, as such, national origin discrimination as defined in Title VII encompasses discrimination based on one’s ancestry but not discrimination based on citizenship or immigration status. Additionally, the Seventh Circuit acknowledged that 8 U.S.C. § 1324b, which pertains to Prohibition of Discrimination Based on National Origin or Citizenship Status, clearly excludes unauthorized aliens from its coverage.
In sum, the Seventh Circuit held that any discrimination suffered by the employee was not the result of her marriage to a Mexican, but rather the result of her marriage to an unauthorized alien, which is not a protected classification under Title VII.
Featured Insights

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
Key Takeaways from the 2026 MBA Legal Issues and Regulatory Compliance Conference

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 14, 2026
SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

In The News
May 13, 2026
Hinshaw Contributes Chapters to “Wrongful-Death and Survival Actions” IICLE Handbook

In The News
May 12, 2026
Hinshaw GC Steve Puiszis Discusses Protecting Attorney-Client Privilege in an AI Age

Event
May 12-13, 2026
Mitchel Chargo Speaks on the Rapidly Evolving Cannabis Industry

Consumer Crossroads: Where Financial Services and Litigation Intersect
May 11, 2026
Tennessee Reaches Settlement with Mariner in Multistate UDAAP Enforcement Action

Press Release
May 11, 2026
Ali Degan Elected to the Fellows of the American Bar Foundation

Press Release
May 11, 2026
John Weedon Re-Elected to the Jacksonville Bar Association’s Board of Governors in 2026

Press Release
May 7, 2026
Hinshaw Recognized as a 2026 BTI Associate Satisfaction A-Lister Firm



