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Indeed, Sears threw a party for the couple prior to their marriage. Ed.2d 383 (1981), especially where, as here, the claim is brought under a statute that allows for trial by jury. Packer Engineering Associates, Inc., 924 F.2d 655, 660 (7th Cir.1991) (en banc).
In an affidavit attached to his Memorandum in Opposition to Defendant's Motion for Summary Judgment, Sarsha claims he met his second wife while they were both employed at the Springfield store and dated her openly. This court does not sit to review a company's business judgments; unless Sarsha's gender mattered to Sears--that is, unless, under the circumstances, he would have been kept on in a management position if he were a woman--he is not entitled to relief under Title VII. Rea Magnet Wire Co., Inc., 824 F.2d 557, 560-61 (7th Cir.), cert.
Fifer testified during his deposition that, during the time he was the manager of the Springfield store, he never heard of a policy pertaining to dating. Thus, the failure to discipline or discharge Schaertl is proof of unequal treatment based on sex. Sears is entitled to enforce a no-dating policy (if one exists) against supervisors, who by virtue of their managerial positions are expected to know better, rather than subordinates.
Sarsha also claims the company did not have an informal policy. According to Sarsha, if Sears had a policy forbidding a supervisor from dating a subordinate, ipso facto the policy must also forbid a subordinate from dating a supervisor.
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