In Benes v. A.B. Data, Ltd., an employer fired its employee for a comment he made during an Equal Employment Opportunity Commission (“EEOC”) mediation. Benes filed an EEOC charge for sex discrimination against his employer, A.B. Data, and the parties agreed to mediation. At the EEOC mediation, the parties were in separate rooms. After receiving what he considered to be a low settlement offer, Benes stormed into the employer’s room and said: “You can take your proposal and shove it up your ass and fire me and I’ll see you in court.” One hour later, A.B. Data obliged and terminated Benes. Benes then dropped his discrimination claim and sued for retaliation under Title VII. The Seventh Circuit granted summary judgment in A.B. Data’s favor, holding that if the company would have fired an employee who behaved like Benes at work, then it was entitled to do so for the same conduct at mediation.