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Kristi J. Cortezano v. Salin Bank & Trust Company

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ARGUED SEPTEMBER 26, 2011

Before CUDAHY, POSNER, and WOOD, Circuit Judges.

Kristi Cortezano filed suit against her former employer, Salin Bank & Trust Company, alleging national-origin discrimination based on her marriage to Javier Cortezano, a Mexican citizen whose presence in the United States was unauthorized. (We use the couple’s first names to avoid confusion.) The district court granted Salin Bank’s motion for summary judgment, finding that Kristi failed to establish that her firing was based on an impermissible reason. Kristi now appeals. We find that any discrimination that led to Kristi’s firing was not based on Javier’s race or national origin, but rather on his status as an alien who lacked permission to be in the country. Because alienage is not a protected classification under Title VII, Kristi has no claim for relief, and so we affirm.

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