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JOHNSON v. SULLIVAN

No. 90-2374.

945 F.2d 976 (1991)

William D. JOHNSON, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary, Department of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided October 9, 1991.

As Amended October 31, 1991.

Attorney(s) appearing for the Case

Steven F. Molo (argued), Christopher S. Canning (argued), Winston & Strawn, Chicago, Ill., for plaintiff-appellant.

Gail C. Ginsberg (argued), Ira H. Raphaelson, Charles E. Ex, Asst. U.S. Attys., Crim. Div., Nancy K. Needles, Asst. U.S. Atty., Civ. Div., Appellate Section, Chicago, Ill., for defendant-appellee.

Before CUDAHY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

CUDAHY, Circuit Judge.

William Johnson sued his former employer, the Department of Health and Human Services (HHS), for race and handicap discrimination. At issue here is his claim under section 704 of Title VII, 42 U.S.C. § 2000e-3 (1988), for his firing, which he alleges was the Department's response to his Equal Employment Opportunity (EEO) complaint, union grievances and federal lawsuit. Johnson's supervisors claim that they fired him because of low scores...

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