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Alverio v. Sam’s Warehouse Club, Inc.

United States Court of Appeals for the Seventh Circuit
253 F.3d 933 (7th Cir. 2001)


Facts

Carmen Alverio (plaintiff) claimed she was sexually harassed by her manager while employed by Sam’s Warehouse Club, Inc. (Sam’s) (defendant). Alverio sued. The venire was made up of 11 men and three women, and Sam’s used its peremptory challenges to strike all three women during voir dire. Alverio raised a Batson challenge, arguing that Sam’s had struck the female jurors solely on the basis of gender. Sam’s attorney had to explain the reason for each strike. Sam’s attorney claimed one woman was struck due to her unemployment, one because she had previously been a plaintiff in a lawsuit, and one because she worked at an insurance company and might have come in contact with his law firm. The attorney indicated that all three women had limited work, education, and business experience. Incidentally, Alverio struck the three most educated men from the venire. The judge accepted Sam’s attorney’s explanation, and the matter went to trial. The jury returned a verdict for Sam’s. Alverio’s motions for judgment notwithstanding the verdict or a new trial were denied. Alverio appealed.

Rule of Law

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Issue

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Holding and Reasoning (Evans, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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