White Waitress in her 50s who quit job Cannot Establish Race or Age Claims
1 min read
Mar 25, 2014
A Caucasian restaurant waitress who was in her 50s was allegedly subjected to daily comments about her age by an African-American general manager (GM). She claimed that the GM called her name such as "old woman," "old lady," and "grandma."
The GM also encouraged the waitress to transfer to another location, and allegedly went so far as to tell the waitress that the transfer had gone through, even though she had never applied to work at the other location. Based on the belief she was being transferred, the waitress took a three-week vacation for the period of time between the jobs. During that vacation, she received a check in the mail from her employer indicating that her employment had been terminated.
The waitress filed a charge with the U.S. Equal Employment Opportunity Commission, alleging she was fired because of her sex, age and race, and in retaliation for her a prior discrimination claim. The federal district court dismissed her case on summary judgment. The U.S. Court of Appeals for the Seventh Circuit affirmed the district court ruling. The Court determined that the waitress failed to establish a prima facie case because she was did not suffer an adverse employment action and that she voluntarily abandoned her position in the belief that a transfer was impending. Since she did not claim constructive termination, and ultimately left of her own accord, the Court found that she could not maintain her claims.
Employers should remember that even casual, off-the-cuff comments such as those alleged herein, can be actionable under certain circumstances. Accordingly, it is important for employers to advise employees so as to avoid any inferences of discrimination.
Featured Insights

Press Release
Aug 7, 2026
Daniel McGrath Re-Elected Senior Director of the Federation of Defense & Corporate Counsel

Insights for Insurers Alert
Aug 7, 2026
California Supreme Court Clarifies Pleading Standards for Excess Policy Claims

Press Release
Aug 6, 2026
Charles Townsend Named a Best Mentor Finalist in the 2026 ALM Texas Legal Awards

Webinar
Aug 5, 2026
April Toy Moderates HNBA Webinar on AI in the Practice of Law

Privacy, Cyber & AI Decoded Alert
Aug 5, 2026
2026 AI Compliance: Upcoming Laws Every Organization Needs to Know

Press Release
July 21, 2026 | Updated on August 4, 2026
Three Hinshaw Attorneys Named to the 2026 National Black Lawyers’ Top 40 Under 40 List

Healthcare Alert
Aug 3, 2026
Fixing the Emergency Refill Trap: What California’s AB 1587 Means for Pharmacies

Consumer Crossroads: Where Financial Services and Litigation Intersect
Jul 30, 2026
Should Text Messages be Considered “Calls” Under the TCPA? The Seventh Circuit Says No

Healthcare Alert
Jul 30, 2026
California Courts Sharply Curtail the MICRA Damages Cap in Nursing Home Litigation

Insights for Insurers Alert
Jul 30, 2026
Analyzing a Couple of Cases Involving Exclusions in D&O Policies

In The News
Jul 29, 2026
Hinshaw Authors Contribute Two Articles in Latest Edition of the CCFL Quarterly Report

Webinar
Jul 28, 2026
Cathy Mulrow-Peattie and Sabrina Janeiro Present on Legal AI Technology
