Decisionmaker Is Not "Cat's Paw" When She Did Not Rely Exclusively On Allegedly Biased Supervisor
LINDSEY v. WALGREEN CO. (August 11, 2010)
Katie Lindsey had worked as a Walgreens pharmacist for only a few years when district supervisor Connie Jenkins promoted her to manager. Her management career did not go well or last long. Lindsey admitted to multiple violations of company policy and was demoted to staff pharmacist and transferred to another store. Jenkins warned her that additional violations could result in her discharge. Lindsey claims that she was the target of age-related disparagement at her new assignment, including from her direct supervisor. Shortly after her transfer, Lindsey filled a prescription although she was aware of a potentially serious interaction the drug could have with another medication that the customer was taking. She had to manually override the pharmacy's warning system in order to dispense the drug. Her supervisor reported the incident to Jenkins, who independently reviewed the prescription history, the customer's medical history, and the threat of interaction. Jenkins concluded that Lindsey violated company policy and terminated her employment. Lindsey brought suit under the Age Discrimination in Employment Act (“ADEA”). Judge Leinenweber (N.D. Ill.) granted summary judgment to Walgreens. Lindsey appeals.
In their opinion, Judges Bauer, Ripple, and Kanne affirmed. Lindsey relies principally on the "cat’s paw" theory of recovery, under which the bias of another employee can be attributed to an unbiased decision maker. The Court noted that the record contained evidence of inappropriate age-related remarks by her supervisor but did not include evidence that Jenkins relied on the supervisor or was presented with false or incomplete information. The undisputed evidence is that Jenkins conducted an independent investigation and did not rely solely on information conveyed by the supervisor. Without such evidence, the Court stated that a cat's paw theory could not survive. The Court added that even with such evidence, Lindsey's claim would fail. ADEA requires evidence that age was a determinative factor, not just a motivating factor. Lindsey cannot meet that threshold, given the undisputed evidence that Jenkins fired Lindsey because of her violation of company policy.
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Todd Lash owned American Family Property Services, a real estate appraisal firm. Although Lash was the only certified appraiser at the firm, he worked with associate appraisers, both independent and employed by the firm. In mid-2004, Lash hired Brenda Urnikis-Negro to help him review appraisal reports. Urnikis-Negro was hired at an annual salary of $52,000 with an understanding that her hours would probably fluctuate and not be limited to a 40-hour week. Urnikis-Negro's work at the firm turned out to be fundamentally clerical in nature and did not involve the exercise of judgment or discretion. Although no one kept track of her actual hours, the firm was very busy in 2004 and 2005 and Urnikis-Negro worked in excess of 40 hours per week. By the end of 2005, business was off and Urnikis-Negro was fired. She filed suit against the firm seeking overtime compensation pursuant to the Fair Labor Standards Act ("FLSA") and the Illinois Minimum Wage Law. After a bench trial, Judge Kennelly (N.D. Ill.) found that Urnikis-Negro's position was not exempt as an "administrative" position and that she was therefore entitled to overtime compensation. He also made a finding of willfulness which allowed Urnikis-Negro to recover overtime for the entire period of her employment. In calculating the amount of her overtime compensation, however, the district court rejected Urnikis-Negro's position that she should be treated as earning $1000 per 40-hour week. Instead, the court made its calculations based on an assumption that her fixed $1000 per week salary was her regular hourly rate compensation for every hour worked in each week. The court also made findings with respect to the totals hours worked during four different time periods of her employment. For each hour of overtime during her employment, the court awarded half of her hourly rate that applied during that period. Her total overtime compensation came to just over $12,000. The court awarded liquidated damages in an equal amount as well as attorney's fees. Urnikis-Negro appeals the calculation..jpg)
William Moss was hired as the Chief of the Illinois Department of Transportation's (
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When Peter Cefalu applied for a job as a truck driver with Roadway Express in 1999, he lied on his application. He stated that he left two prior jobs voluntarily. In fact, in both cases, he was fired for reckless driving. Roadway fired him a few years later, shortly after he supported a co-worker's grievance against Roadway. Cefalu filed an administrative complaint claiming that his dismissal violated the Surface Transportation Assistance Act of 1982. During the administrative proceedings, Roadway claimed that it fired Cefalu not because of his protected activity but because of its then recent discovery of his dishonesty on his application. Roadway refused, even when ordered, to disclose the source of its information. The administrative law judge sanctioned Roadway. The judge prohibited the introduction of any evidence learned from the undisclosed source. Without that evidence, Roadway could not rebut Cefalu's allegations. The ALJ found for Cefalu and ordered his reinstatement. The Administrative Review Board (“ARB”) affirmed. On appeal to the Seventh Circuit, the Court upheld the sanction at the merits stage but remanded to allow Roadway an opportunity to establish, for purposes of reinstatement, that it would have fired Cefalu absent the protected activity. On remand, the administrative law judge concluded that Roadway failed to meet its burden. The ARB affirmed. Roadway petitions for review..jpg)
Brenda Chaney, an African-American female, worked at the Plainfield Healthcare Center as a nursing assistant for three months in the summer of 2006. Plainfield's policy (possibly undertaken in a good faith belief that it was required by law to do so) was to acquiesce in its residents' racial preferences. Accordingly, every daily assignment sheet noted that particular residents preferred no African-American nursing assistants. Chaney also was the target of a number of derogatory racial comments during her employment. Plainfield did take corrective action when instances of racial remarks were reported. In September of 2006, Chaney and a coworker both refused to come to the aid of a resident. A nurse reported the incident and also reported that Chaney used profanity when she ultimately did respond. Although the unit supervisor's investigation and knowledge of Chaney led her to be skeptical of that charge, the director of nursing decided to fire Chaney. She was informed that the reason for her termination of employment was her use of profanity. Chaney brought an action under Title VII alleging a hostile work environment and an unlawful termination. Judge Barker (S.D. Ind.) granted summary judgment to Plainfield. Chaney appeals.
Tamika Jones, an African-American female, has several complaints about the way she was treated during her employment at Res-Care. She claims she was promoted in both 2003 and 2004 and acquired increased job responsibilities without an increase in compensation -- unlike several non-African-American employees. She claims she had to specially request time off and that she was denied tuition reimbursement -- unlike several non-African-American employees. She claims she was passed over for promotions in April and November of 2005 and June of 2006 – in favor of non-African-American employees. She filed an EEOC charge in August of 2006, referring to the November 2005 failure to promote and the tuition reimbursement treatment. In 2007, while under specific orders not to vary her work schedule without permission, she returned from her honeymoon three days early. She was given corrective action for the incident. She brought suit under Title VII in June of 2007. She filed a second EEOC charge in November of that year, claiming that the corrective action from the honeymoon incident was in retaliation for the first EEOC charge. She also amended her complaint accordingly. Testimony was elicited during discovery that the Executive Director, after an internal investigation established that Jones improperly charged her employer for some lunches, called her either a "rat" or a "fink" and referred to her as "untrustworthy" to another employee. Jones added a state law slander claim. Judge Lawrence (S.D. Ind.) granted summary judgment to Res-Care on all claims. Jones appeals..jpg)
Danielle Pickett was employed as a housekeeper at the .jpg)
Darrell Poer has been an attorney in the 
For almost 20 years, Robert Leonard worked in a janitorial position at 
A group of 
In late 2006, Paul Ogden was hired as the manager of the Title Insurance Division of the 
Dorothy Goelzer began her employment with 
David Scott owned and operated Scott Truck Systems, a commercial trucking company. Sherry Hantzis, his wife, was its general manager. In 2004, on Hantzis’ recommendation, Scott hired 51-year-old Diana Everroad as a dispatcher. Things did not go very well -- her supervisor complained, two large customers complained, and she had several run-ins with her coworkers. On the other hand, she was the target of several gender-based derogatory comments from those coworkers, one of which came during a conversation she secretly recorded. Within months, Scott and Hantzis created a new job for Everroad as a "data administrator." The hours and the pay were identical to her dispatcher job, but she had to share an office. Her officemate had a habit of making lengthy personal phone calls. Everroad’s complaints resulted in a meeting with Scott, Hantzis, and the officemate in an attempt to resolve the conflict. The meeting lasted a long time and became very tense. Everroad again secretly recorded much of the meeting. There was shouting, crying, eye-rolling, and accusations -- but the meeting did end with some constructive proposals. Scott and Hantzis were upset with Everroad's conduct during the meeting and considered it insubordinate. They were still considering their options when, upon arrival at the office the next morning, Everroad ignored Hantzis' greeting and overreacted to Scott's greeting. Scott terminated her employment at the end of that workday. Everroad sued Scott Truck for gender discrimination and retaliation under Title VII and for age discrimination and retaliation under the Age Discrimination in Employment Act (ADEA). The district court granted summary judgment to Scott Truck. Everroad appeals..jpg)
KODISH v. OAKBROOK TERRACE FIRE PROTECTION DISTRICT (May 10, 2010)
Iyare Egonmwan was a black male jail guard at the Cook County Jail. In 2001, he was transferred into the women's division. The following year, the female superintendent of the division disciplined him for conduct that had occurred prior to his transfer. Several days later, Egonmwan accused the superintendent of sexual harassment. The claim was investigated and determined to be unfounded. In 2003, during a general investigation into allegations of sexual misconduct between guards and prisoners, a female detainee informed the investigators that she and at least one other prisoner had had a sexual encounter with Egonmwan. Although Egonmwan was acquitted of criminal charges in 2004, an administrative hearing board terminated his employment in January of 2005 for violation of institutional rules. Egonmwan brought suit against, among others, Cook County and the Sheriff's Department. He alleged § 1981 race discrimination and § 1983 gender and race discrimination. The district court granted summary judgment to the defendants. Egonmwan appeals.
Swearnigen-El was a black male guard in the women's division at the 
Kenneth Truhlar was injured while working as a letter carrier for the United States Postal Service. He was required to periodically submit a form to the Department of Labor (DOL) in order to collect his partial disability payments. On the forms, he reported that he had no other job during the period for which he was claiming disability. In fact, Truhlar was a bass guitarist in a rock band and earned several thousand dollars during the period in question. The Service suspended him -- his union filed a grievance and, when it was denied, appealed. After the Service completed its investigation and concluded that Truhlar violated several rules, it notified Truhlar of its decision to terminate his employment. Again, the union grieved -- again, it appealed the denial of the grievance. Meanwhile, the DOL sought repayment of the benefits he had already received and a federal prosecutor considered criminal charges. The union and the Service agreed to a stay of the grievances pending the disposition of those actions. Truhlar appealed the DOL forfeiture order. The prosecutor decided not to prosecute. When a newly appointed postmaster inquired into the status of the pending grievances, she was provided with the Service's and the Department's reports concluding that Truhlar had knowingly failed to report outside income. She was also told, though incorrectly, that Truhlar had not appealed the forfeiture order. The postmaster met with the union representative and passed that accurate information to him. Based on the internal investigation, the Department's investigation, the prosecutor's rationale for declining to prosecute, and his belief that the DOL proceedings were complete, the union representative decided to withdraw the grievances. The Service terminated Truhlar's employment. A few months later, the Department's forfeiture order was reversed. The Appeals Board decided that the form did not put Truhlar on notice that he had to report his bass guitarist earnings. Truhlar filed suit under § 301 of the Labor Management Relations Act. He alleged that the Service violated the collective bargaining agreement by terminating him without cause and alleged that the union breached its duty of fair representation by not pursuing the grievances. The district court granted summary judgment to the defendants. Truhlar appeals.
Jeanne Gratzl has suffered from incontinence for several years. It has interfered with her ability to perform certain jobs and undertake normal commutes. All seemed well when she was hired by DuPage County for a “control room” court reporting position. Unlike most court reporting positions that require attendance at trials and in courtrooms, her position allowed her to manage her condition well. In fact, she managed it so well that her colleagues and superiors were not aware of it. In 2006, all that changed. The Chief Judge of DuPage County redefined the position of a court reporter – and required all court reporters to do the same job. That meant that all court reporters had to rotate through the control room and the courtrooms. Gratzl disclosed her condition to the Chief Judge. The parties engaged in a series of conversations attempting to reach an accommodation. The only accommodation Gratzl would accept was a full-time assignment to the control room. The Chief Judge offered several accommodations; including no trial assignments, assignments to courtrooms nearest the restrooms, and allowing her to use a hand signal to indicate to a presiding judge that she needed a break. When she rejected these accommodations, the County terminated her employment. Gratzl brought suit under the Americans with Disabilities Act and the Rehabilitation Act. The district court granted summary judgment to the County on the ground that Gratzl was not disabled. Gratzl appeals..jpg)
Michelle Bailey was employed by the defendant Pregis Innovative Packaging -- that is, until they terminated her for accumulating too many absenteeism points during a 12-month period. She brought suit against Pregis under the Family and Medical Leave Act. The district court granted summary judgment to Pregis. Bailey appeals..jpg)
Mark Serafinn is a member of Local 722 of the International Brotherhood of Teamsters. In fact, he served three terms as its president. Serafinn is also a member of the Teamsters for a Democratic Union ("TDU"), a large and active dissident group opposed to the current international leadership. Serafinn alleges that the presidents of the union and the joint council, which is a group of leaders from locals in the same region, colluded to have internal disciplinary charges brought against him. The joint council suspended Serafinn and ordered restitution. Serafinn brought an action against both the local union and the joint council under the Labor Management Reporting and Disclosure Act. He alleged that the actions taken against him were taken without due process in retaliation for his exercise of free speech and assembly rights, all in violation of the Act. The district court granted summary judgment to the joint council. The claim against the local union proceeded to a jury trial, where Serafinn was awarded $50,000 in compensatory damages and $55,000 in punitive damages. After trial, the court denied a motion by Serafinn for relief from the summary judgment granted to the joint council on the grounds of newly discovered evidence. The court also awarded attorneys fees to Serafinn, but in a lesser amount than requested. The union local appeals. Serafinn cross appeals.
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Charles Budde enjoyed several glasses of wine at the Moose Lodge one night. He decided to drive home anyway and caused an accident that sent two people to the hospital. His blood-alcohol level at the time was nearly three times the legal limit. Budde was also the police chief for the 
Paul Turner was a waiter at The Saloon restaurant. After working there for several years, Turner and one of his supervisors carried on a sexual relationship that lasted for about nine months. According to Turner, the supervisor retaliated against him after she ended the relationship. He alleges that she changed his table assignments, disciplined him without cause, and sexually harassed him on a number of specific occasions. Turner also alleges that he was discriminated against because of his psoriasis. He wears no underwear as a result of that condition and therefore occasionally exposes himself while changing clothes. He claims that his supervisors failed to accommodate his condition. Instead, he was forced to change in a “vile” men’s room. One day, in the middle of a shift and with no other waiters on duty, Turner left the restaurant to run an errand. When he returned, he was fired. Turner sued the restaurant and several managers for gender and disability discrimination under Title VII and the Americans with Disabilities Act. He also made a claim for overtime. The court granted summary judgment to the defendants. Turner appeals.
The 
Kathleen Serwatka was an employee of Rockwell Automation. Upon her discharge, she brought suit under the Americans with Disabilities Act (ADA). She alleged that she was discharged because her employer considered her to be disabled. At trial, the jury indicated its belief on a special verdict form that a) Rockwell terminated Serwatka because it believed her to be disabled and b) that Rockwell would have fired her anyway. Treating the verdict as a mixed-motive finding, the court awarded no damages but did grant declaratory and injunctive relief and awarded attorneys fees. Rockwell appeals..jpg)
Angela LaFary was a field clerk for Rogers Group, Inc. (RGI), a producer of crushed stone. In 2003, she was performing primarily administrative duties but longed for a chance to get into sales. Michael DeMartin, her supervisor, indicated she was on a track to do so. Unfortunately, she got derailed in 2004. In February, she married a man who worked as an independent trucker for the same RGI office. She found out she was pregnant on March 15. On March 24, DeMartin proposed, in an e-mail, to transfer LaFary to another RGI office. He noted business needs as well as a concern about the possible conflict of interest presented by LaFary's marriage. He recommended a transfer based solely on the business needs, however. On April 1, RGI assigned LaFary's husband to work with a different RGI office. In the same month, they transferred LaFary to the same office. Although DeMartin knew she was pregnant when he transferred her, he asserts that he was unaware of her pregnancy at the time of his recommendation. The transfer resulted in a pay increase but may have negatively affected LaFary's opportunities for a sales position. LaFary suffered complications from her pregnancy. She was hospitalized for two weeks in June and never returned. In January of 2005, although LaFary indicated her desire to return, DeMartin informed her that, pursuant to RGI policy, she was terminated because she did not return when her leave expired. LaFary filed an EEOC complaint, alleging sex discrimination. She then brought suit under Title VII. The court granted summary judgment to RGI. LaFary appeals..jpg)
Donna Lewis was an officer in the tactical unit of the Chicago Police Department in 2002 when Lt. Terrence Williams became her supervisor. When she volunteered for a special security detail in Washington DC, Williams took her off the list. Lewis filed a grievance, alleging that it was a gender-based decision. She claims that she was the victim of several instances of retaliation after she filed the grievance. She filed an EEOC charge concerning both the security detail and retaliation. She alleges that the very next day Williams directed her to assist a narcotics team operation. During the operation, another officer accidentally struck her with a sledgehammer, breaking her neck. She is now on permanent disability. She filed suit. Although the court originally granted summary judgment to the defendants, the Seventh Circuit reversed her gender discrimination claim against Williams and the City and the retaliation claim against the City. At trial, a jury found in favor of the defendants. The court denied Lewis' motion for new trial. Lewis appeals.
Lisa Coffey and James Patterson were both employees in the editorial department of 
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Robert Senske joined 
Dennis Ford has been employed as a forklift operator for 
Dayna Scruggs worked for Garst Seed Company as a Research Technician. Curtis Beazer became her supervisor in 1995. Scruggs and Beazer did not get along. In fact, Beazer did not get along with a number of people. He made many derogatory remarks directed at Scruggs, several of them with a gender bias. In 2004, company management decided to demote or sever Beazer. Before they could do so, however, Garst was purchased by a competitor. New management decided to eliminate Scruggs' position. Scruggs filed an EEOC charge in December 2004 in response. In 2005, Scruggs applied for a Research Assistant position as part of the restructuring. New management did not hire Scruggs -- instead selecting the incumbent (a man) in the Research Assistant position with Garst. Scruggs filed a lawsuit, alleging retaliation and hostile work environment. The district court granted summary judgment against Scruggs. Scruggs appeals..jpg)
Brenda O'Neal was a Chicago police officer. After ten years on the force, she was promoted to sergeant in 2001. In 2002, Neil sued the Chicago Police Department (CPD), alleging that a then-recent transfer violated Title VII. The district court granted summary judgment against her -- the Seventh Circuit affirmed. Since that lawsuit, the CPD has transferred her ten times into a total of seven different units of the department. O'Neal filed another lawsuit in 2007, alleging that the transfers amounted to discrimination and retaliation. The district court again granted summary judgment against her. O'Neal appeals..jpg)
Patrick Butler was a sergeant on the police force of a small community north of Chicago. Beginning in 2003, Butler's health began to deteriorate rapidly. He experienced fatigue, night blindness and trouble breathing. In May of 2004, he was diagnosed with chronic obstructive pulmonary disease. After a short time off, his physician permitted him to return to the force on "light duty." Because of the size of the force and the number of sergeants, no light duty assignment was available. The village advised Butler that he could return to work only when he had clearance to work any possible assignment. Shortly thereafter, Butler applied for a disability pension. He testified at his pension hearing that his physical condition prevented him from performing the required duties of his job. Three physicians also completed certificates of disability for Butler. The pension board found him disabled and awarded him disability benefits. He then brought suit against the village under the Americans with Disabilities Act. The district court granted summary judgment to Round Lake..jpg)
The Illinois Teachers’ Retirement System (“TRS”) manages the pension benefits of Illinois’ retired teachers. For almost two decades, Julie Long received favorable performance reviews at her job there. During the mid-2000s, however, her performance deteriorated. She missed a lot of work, made a number of errors in processing data, and failed to conduct required training. TRS’ personnel manager, Gina Larkin, met with Long and her immediate supervisors in late 2005. Larkin learned of Long’s performance problems and her absences. She suggested that Long might be eligible for FMLA leave. Long applied for and took intermittent FMLA leave from October – January 2006. Larkin met with Long’s supervisors again and learned that Long’s performance and attendance issues remained uncorrected. Larkin recommended to Jon Bauman, the Executive Director, that Long be fired. Bauman, after reviewing Long’s evaluations and speaking with her supervisor, decided to fire her. Long brought suit, alleging that her termination was in retaliation for taking FMLA leave. The district court granted summary judgment to TRS. Long appeals.
Frank Brunker was employed as a Route Manager for Schwan's Home Service, a home-delivery food service company. Brunker sold and delivered the company's products to its customers. Beginning in early 2003, Brunker began experiencing shaking, dizziness, headaches, etc. -- later to be diagnosed as multiple sclerosis. On his doctor's advice, he took two months disability leave, returned to light duty for one month, and then returned to unrestricted work. Several months later, he decided to take some time off for additional tests and evaluation. Around that time, he was disciplined on several occasions for failure to run a route, failure to adhere to a dress code, and writing a check with insufficient funds. When Brunker returned with his diagnosis of multiple sclerosis, the company fired him for unsatisfactory performance, but backdated his termination to the day before he left. Brunker brought suit under the Americans with Disabilities Act. The court granted summary judgment to Schwan's. Brunker appeals.
Robert Gunville and Richard Oakley had both worked for the Illinois Department of Corrections for over twenty years, all during Republican administrations, when a Democratic governor was elected in 2003. Both were laid off within months of the new administration’s inauguration. Gunville was an active member of the Republican Party while Oakley had a record of voting in Republican primaries. Gunville and Oakley brought suit, alleging a violation of their First Amendment rights. They also allege a violation of their Fourteenth Amendment rights as a result of their placement on a reemployment list for only their last county of employment. The district court granted summary judgment to the defendants. Gunville and Oakley appeal.
Renae Ekstrand had been teaching successfully at Somerset Elementary School for several years when the school reassigned her to an interior classroom without natural light. Ekstrand had a disorder which limited her ability to function in an artificial light environment. She told the principal of her condition. She repeatedly requested a transfer to a room with natural light, two of which were available. The school addressed some of her concerns but refused to change her room assignment. Her condition deteriorated to the point where she had to seek medical attention and took a medical leave of absence. She continued to request a room reassignment during her leave. Ultimately, she left the school and brought an action pursuant to the Americans with Disabilities Act. The district court granted summary judgment to Somerset. Ekstrand appeals.
William McGowan, an African-American male, had over 20 years of employment at Deere & Company when he injured his back. He eventually underwent surgery. He returned to work with a 25-pound weight restriction imposed by the company doctor. His surgeon and physical therapist both cleared him, on separate occasions, to return to work with less onerous restrictions. The weight restriction prevented him from returning to his prior job and also disqualified him from two other positions. McGowan brought an action under Title VII and § 1981, complaining of Deere's refusal to reinstate him and refusal to select him for the other positions. The district court granted summary judgment to Deere. McGowan appeals.
Anna Darchak, a native of Poland, worked for several years in the Chicago public school system as a teacher of English as a Second Language. In 2005, she was hired as a full-time teacher at the Princeton Alternative Center on a one-year contract. It was not a good year. Almost immediately, Darchak complained that Hispanic students were being treated more favorably than Polish students. Darchak alleges that Princeton's principal made several disparaging remarks in reference to Darchak's heritage. Later in the year, the principal assigned Darchak to a classroom with a large number of Spanish speaking students. Darchak complained – and she received a negative evaluation. The principal chose not to renew Darchak's contract at the end of the year. Darchak filed suit, alleging retaliatory discharge, First Amendment retaliation under § 1983, and national origin discrimination under Title VII. The district court granted summary judgment to the defendants. Darchak appeals..jpg)
Daniel Waters was a painter in the Chicago Department of Transportation (CDOT). In 2000, he refused a request by his supervisor to participate in a political campaign. At about the same time, he twice contacted local investigative journalists. On one occasion, he complained about a bridge that he thought was in such a state of disrepair that it was a danger to the public. On the other occasion, he complained that the City was making some improvements to a piece of property and that it did not own. Several of his superiors were unhappy with his conduct. He was transferred into a job working for a supervisor for whom he had worked before several times. Their relationship was strained, at best. Within a matter of weeks, Waters had several run-ins with his supervisor and was reported multiple times for violent behavior. A deputy commissioner recommended his firing. The department did not act on the recommendation. Department policy required that Waters be given an opportunity to respond to the charges of violence before any discipline was handed out. Waters provided his side of the story -- but the department ruled that his conduct amounted to violence in the workplace. The deputy commissioner resubmitted his recommendation. A pre-termination hearing was held. Commissioner Rice, who held the only authority to fire, terminated Waters. Waters sued the City under § 1983, alleging First Amendment retaliation. A jury awarded Waters $225,000 in damages and the court awarded more than $1 million in back pay, front pay and pension benefits. The City appeals..jpg)
Michael Mach was a Will County Deputy Sheriff assigned to the traffic division. For years, he maintained a satisfactory performance record. That changed after 2003. Because of budget pressure, the department notified the deputies in the traffic division that they could be temporarily assigned to the patrol division. Mach and other deputies were not happy. He started acting out, failing to follow directives, disregarding instructions, and neglecting his duties. After reprimands and warnings, he was permanently transferred to the patrol division. Mach brought an action pursuant to the Age Discrimination in Employment Act (ADEA). In addition to his transfer, he stated five other grounds for his claim. In response to the defendants’ opening briefing on summary judgment, he abandoned all five of those other grounds. The court granted summary judgment to the Sheriff and also awarded fees of 5/6 of the costs of preparing the summary judgment motion, reflecting effort that went into attacking the "worthless" claims. Mach appeals.
Misty Roby was a cashier at a CWI retail store. For months, she experienced sexual-harassment by a store supervisor, Joe Schiavone. Notwithstanding the fairly frequent and offensive behavior, she did not report it. Only after another supervisor overheard a comment she made to a coworker and specifically asked her about it did she report the conduct. The store manager immediately reported it to Human Resources, which conducted an investigation. The company reorganized the store schedule so as to minimize the times Roby and Schiavone worked together. As a result of the investigation, Schiavone received a written warning. Roby was informed of the results of the investigation. Several weeks later, when Roby complained about having to close the store with Schiavone, she was allowed to go home and stay home until the store manager returned from vacation. Although the company told her that they could not accommodate her desire to never be scheduled at the same time as Schiavone, they kept her on the schedule and expected her to come to work. She simply never returned. Instead, she brought an action under Title VII alleging the sexual harassment and also alleging that she was retaliated against for her complaints. The district court granted summary judgment to CWI. Roby appeals.
From 1960 until 1989, Charles Middleton served in the Air Force. On two occasions in the early 1990s, he applied for positions with the City of Chicago. He was not hired for either position. In 2007, Middleton sued the City pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). He alleged that the City refused to employ him on account of his military service. The district court applied the four year "catch-all" statute of limitations in 28 U.S.C. § 1658 (a) and dismissed his complaint. Middleton appeals.
Tonya Coffman worked as a firefighter in Indianapolis for a few years without incident. In 2003, however, several of her coworkers began to express concern about her ability to drive safely because of her height (she is less than 5 feet tall). The department conducted a series of safety evaluations, which she passed. The concerns continued -- another round of evaluations followed. Her coworkers’ concerns expanded beyond safe driving into issues concerning her mood and interactions with others. Eventually, the department recommended a fitness-for-duty evaluation and a transfer to limited-duty status. The evaluation resulted in an individual therapy referral and more fitness evaluations. After one of those evaluations, she was approved for light duty and eventually returned to full active duty. Coffman sued the department and several individuals under Title VII. She alleged that the driving tests and fitness evaluations were gender discrimination and harassment. She also brought a claim alleging that the medical examinations violated the ADA. The district court granted summary judgment against Coffman on all claims. Coffman appeals.
Deborah Dear, an African-American woman, had impressive educational and employment credentials when she was hired by a Veterans Affairs hospital in 2004. She continued to do well and received positive evaluations for a few years. In 2006, however, her supervisor discovered that the morale in her department was very low and staff members were complaining about Dear’s supervision. The supervisor also witnessed Dear engage in inappropriate discipline. Another supervisor asked Dear to develop and submit a plan for improving the situation. Dear did develop and submit a plan -- but it was late and failed to address many of the issues. Dear was temporarily reassigned to a non-supervisory position with a decrease in salary. She was replaced by a white woman. Dear filed an EEO complaint alleging race discrimination. Several days later, she was permanently reassigned to a staff nurse position. Dear filed a lawsuit pursuant to Title VII, alleging race discrimination, retaliation and hostile work environment. The district court granted summary judgment to the defendant. Dear appeals..jpg)
Congress has specified a process under which an employer is allowed to obtain a visa for an alien worker. Before the government can issue a visa to such an alien, it must have issued a labor certification. A labor certification is a statement by the Secretary of Labor that there are insufficient qualified workers available to perform specific work and that the hiring of an alien to perform the work will not adversely affect wages and working conditions. In the past, labor certifications were generally valid indefinitely. The regulations were amended, effective July 2007, to provide that a labor certification was only valid for 180 days from the date of the certification. A number of employers who had received labor certifications and the aliens who were to be hired filed suit, alleging that the agency acted beyond its authority in amending the regulation or, alternatively, that it should not have been applied retroactively. The district court granted summary judgment to the government. The employers and aliens appeal.
Tremeyne Porter, an African-American man, was an employee of a temporary placement agency. He was assigned to work the third shift at Erie Foods, a food production facility. He was the only African-American on the shift. After a few weeks without incident, things changed. One night, co-workers showed him a rope noose hanging on a piece of machinery. His supervisor ordered its removal, although she then proceeded to hang it on the bulletin board in her office, in plain view of the entire staff. She conducted an investigation as to its origin, unsuccessfully. The next night, a human resources representative held a meeting with the entire shaft. He advised the workers that harassment would not be tolerated. He later met privately with many of the shift workers as well as the shift supervisor. Porter was asked several times if he knew who was responsible for the news. He said he did not. In another incident, a co-worker showed Porter a noose. Porter felt threatened and did not disclose the identity of the culprit. Porter declined an offer to move to a different shift. Porter's supervisor continued to investigate, asking other shift supervisors if they had heard anything. Porter reported the incidents to the local police, identifying individuals, but asked that nothing be done. Porter left Erie Foods after about a month. He provided the company a statement with additional information about the incidents, including the identity of the worker who had handed him the noose. That worker was fired. Porter brought an action under Title VII, alleging hostile work environment and constructive discharge for engaging in a protected activity. The district court granted summary judgment to Erie Foods. Porter appeals..jpg)
George Nemsky had been an engineer at ConocoPhillips’ Wood River Refinery for over twenty years and had a solid reputation. He was represented by Local 399 of the International Union of Operating Engineers (the Union). In 2004, ConocoPhillips adopted a substance abuse policy which provided for random drug and alcohol testing. It also provided that any employee who had a confirmed positive test result would be terminated. Although the Union filed a collective grievance over the company's adoption of the policy as well as an unfair labor practice charge, it eventually entered into a Memorandum of Agreement with the company in which it agreed not to grieve a termination under the policy. In 2006, Nemsky was selected for a random drug and alcohol test shortly after he used solvent to remove cement from his shoes. The test came back as a confirmed positive. ConocoPhillips terminated Nemsky's employment. The Union indicated its intent to arbitrate his termination. Nemsky filed an action against the Union and ConocoPhillips with the NLRB, complaining that the Union and ConocoPhillips never arbitrated his termination. Nemsky filed suit against both ConocoPhillips and the Union. Nemsky alleged that ConocoPhillips breached the Collective Bargaining Agreement and that the Union had breached its duty of fair representation. The district court granted summary judgment to defendants. Nemsky appeals.
Jack Smith sold his company and its intellectual property to Dade Behring, Inc. He received, as part of the consideration, options to purchase 20,000 shares of Dade Behring stock. He soon left the employ of the company. He agreed to accept $1.4 million in cash, while retaining his options. A few months later, the company entered bankruptcy. Smith's options were extinguished as part of its reorganization. Smith sued several officers of the company, alleging that they had a duty to disclose at the time of this termination agreement the fact that the company would soon enter bankruptcy. The district court dismissed his fraud claim for failure to state a cause of action. Smith appeals.
Sandra Valentino worked for the Village of South Chicago Heights for several years. In 2001, she became suspicious of Mayor David Owen's hiring practices. She was aware that the Village employed many of the mayor's friends and family members. She believed that many of these employees were on a “ghost payroll,” i.e., being paid for work they did not perform. She shared her concerns with William Bramanti, a former village employee who quit as a result of a dispute with the mayor. Bramanti submitted a FOIA request to the village for employee time records. At the same time, Valentino began to make copies of the daily employee sign-in sheets. In February of 2003, Bramanti accused the mayor publicly of ghost payrolling. The very next business day, the Village Administrator searched Valentino's desk, found the copies, and fired Valentino when she arrived for work. Valentino filed a § 1983 action against the Village, the mayor and others. She alleged retaliation in violation of her First Amendment rights. The district court granted summary judgment to the defendants. Valentino appeals..jpg)
MCI hired Guy Martino in 2005 at the age of 54. He was hired as a business solutions consultant and provided support to the company's sales force. Although he was not directly responsible for sales, he did receive commissions on the sales to which he was assigned. Martino was assigned to and received commissions for one blockbuster deal in mid-2005. Other than that one deal, however, Martino's performance was generally lacking. In fact, even the lead salesman on the large deal was quite critical of his individual contribution. MCI merged with Verizon in early 2006. As a result, Steve Rumstein, his group head, was asked to come up with a list of individuals least likely to be strong contributors in the future. Rumstein identified six employees, including Martino. He based his selection on geography, ability, credibility with sales staff and sales performance. With respect to ability, Rumstein focused on a new service being offered by Verizon with which Martino was not well-versed. The five employees on the list other than Martino ranged in age from 33 to 45. Rumstein submitted the list to Ed Franklin, his superior. Franklin decided to fire Martino for all the same reasons that led to his inclusion on the list. Martino brought an action under the Age Discrimination in Employment Act (ADEA). The district court granted summary judgment to MCI. Martino appeals.
From 1996 through 2003, Mary Casna worked for the City of Loves Park in two different positions. Though she had a serious hearing impairment, it did not interfere with her performance. In her second job, Casna and one of her superiors did not enjoy a good working relationship. The City transferred her to a temporary police clerk position for six months in order to evaluate her performance in a less volatile atmosphere. Casna's hearing impairment became an issue. In one particular episode, Casna explained to her supervisor, Kay Elliot, that she had not heard her make a request. Elliot snapped: "How can you work if you cannot hear?" Casna accused Elliot of being discriminatory. Elliot consulted with her supervisor and prepared a written performance evaluation, even though Casna was only two months into the job. At the police chief's request, and based on the negative evaluation, the Mayor fired Casna. Casna brought suit against the City, the Mayor and the Police Chief. She alleged that she was fired in retaliation for her complaints of discrimination. She also alleged that the City violated Due Process by discharging her without a hearing. The district court granted summary judgment to defendants. Casna appeals.
Kelly Hobbs was an African-American woman employed by the City of Chicago's Department of Transportation since 1989. She began her employment as a truck driver and was promoted to Lot Supervisor in 2000. She applied for a Foreman position in both 1997 and 2000and was rejected both times in favor of white males. She filed a charge of gender and race discrimination in January of 2005, shortly after she found out that another white male had been promoted to Acting Foreman. She complains that, after her discrimination charges were filed, she was disciplined on several occasions, her car was vandalized and her job duties were changed. In 2006, she brought suit against the City, alleging race and gender discrimination and retaliation claims against the City under Title VII, race discrimination and retaliation claims against the individual defendants under § 1981, and a hostile work environment claim against the City. The district court granted summary judgment to the defendants on all claims. Hobbs appeals.
Curtis Lusby was an engineer at Rolls-Royce Corp. He became suspicious that the company was falsely certifying that one of its aircraft engines met government specifications so he informed his superiors. He claims that the company fired him for doing so. He brought suit under the False Claims Act, alleging that the company punished him for preparing to bring an action under the statute. The parties jointly dismissed the suit in 2003. However, two months earlier, Lusby had filed a qui tam action under seal. The court dismissed the action for failure to plead fraud with particularity and because of the claim preclusion effect of the earlier lawsuit. Lusby appeals.
Lesley Stephens, an African American, has worked for the City of Chicago since 1979, except for a disability leave from 1988-1993. He has been a truck driver, an acting foreman, and an accident adjuster, all within the Department of Fleet Management. He filed a lawsuit against the City in 1997, alleging that it engaged in racially discriminatory hiring and promotion practices. Shortly after he settled the lawsuit in 2004, Stephens applied for four promotions. He was passed over each time. He again brought suit, alleging violations of § 1981 and Title VII. He claims that the City retaliated against him for his earlier lawsuit and his complaints of discrimination. The district court granted summary judgment to the City. Stephens appeals.
David Farr was a respiratory therapist at St. Francis Hospital. In 2000, he was the only male among the seven respiratory therapists in his department. There was a single computer in the department for the use of all the therapists. Although the hospital policy was for each therapist to log on with a unique password before each use, the practice was quite different. Typically, the first user of the day logged on with his or her password and all later users piggybacked on that login. When one of the therapists discovered inappropriate material on the computer, the hospital conducted an investigation. It found that: a) pornographic and hacking sites were accessed at the computer, b) Farr was logged on to the computer at the time the sites were accessed, and c) that Farr was the only one working on one particular day when a substantial amount of the activity took place. Farr eventually admitted that he was responsible for visiting some of the sites and that the others may have been generated by a computer virus during his use of the computer. The hospital terminated Farr's employment. Farr sued the hospital, alleging gender discrimination and a breach of implied covenant of fair dealing based on the employee handbook. The court granted summary judgment to the hospital. Farr appeals.
Glenn Williams was a wastewater treatment operator for Illinois-American Water Company ("IAWC"). IAWC discovered that Williams was operating without a required Illinois EPA license. Because it was Williams' second offense, it was punishable by termination. Instead of firing Williams, however, IAWC offered him a Last Chance Agreement ("LCA"). Under the LCA, Williams was suspended without pay for 30 days, he was required to obtain his license within six months, and he was required to repay the extra compensation he received as a result of IAWC's belief that he was licensed properly. The LCA also provided that failure to comply would result in Williams' immediate termination and any disputes regarding the agreement would be resolved through the collective bargaining agreement’s arbitration procedure. The United Food and Commercial Workers Union, which represented Williams, filed a grievance contesting the LCA's validity. When Williams failed to make repayment arrangements, IAWC terminated his employment. The union filed a second grievance. The grievances were consolidated and brought before an arbitrator. The arbitrator ruled against the union on the validity of the LCA but ordered Williams reinstated. He concluded that the termination was improper because of the pending, good faith challenge to the LCA itself. On review, the district court confirmed the arbitration award. The union appeals..jpg)
Shawn Hallinan and Wayne Harej were Chicago police officers and members of the police union, the Fraternal Order of Police of Chicago Lodge No. 7 (the Union). They led an effort to unseat the Union’s president and his organization in early 2005. During the course of the campaign, they discovered that the president had underreported his income. They reported the matter to the Attorney General and discussed it publicly. The president was, nevertheless, reelected. The Union soon suspended, and then expelled, the two men from the Union. At the Union's request, the City of Chicago converted the two men into "fair-share payers." Fair-share payers are those members of the Police Department who are not Union members and do not pay Union membership dues but who contribute a "fair-share" for the Union's continued representation of them in matters concerning their wages, hours and working conditions. Hallinan and Harej brought an action against the Union under section 1983 alleging violations of the First and Fourteenth Amendments. The court dismissed the action for plaintiffs’ failure to plead state action. Plaintiffs appeal.
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The plaintiffs, Bonnie and Connie Roth, were insurance agents. Each had an agency agreement with American Family Mutual Insurance Company. The agreement provided that it could be terminated for "undesirable performance" only with six months notice and an opportunity to correct. It also provided that it could be terminated without notice if an agent engaged in "dishonest, disloyal or unlawful" conduct. One of the agents signed an applicant's name on a insurance policy application at the applicant’s request. The other signed the name of a different agent on a policy certification, also with authorization. American Family terminated their agency agreements. The Roths brought suit for breach of contract. The district court granted summary judgment to American Family. The Roths appeal.
Ryan Crews is a member both of the Mount Vernon Police Department and the Army National Guard and has been so for years. His work obligations to the department and the military frequently conflict. Since 1997, however, the department has allowed Crews to adjust his work schedule by moving any weekend department shifts that conflict with his guard exercises to the regular workweek. Thus, Crews was paid for a full week's work without using vacation or other time-off. Between 2000 and 2003, the department offered the same arrangement to three additional guard members hired as police officers. Non-guard members had no comparable opportunities to reschedule workdays. When the department hired two more guard members in 2006, the department rescinded the policy. The additional guard members in the department made implementation of the policy too costly. Crews brought an action against the City under the Uniformed Services Employment and Reemployment ct ("USERRA"), alleging that the rescission of the policy denied him a benefit of employment. The district court granted summary judgment to the City, ruling that § 4316(b) did not require the City to provide scheduling benefits not generally available to members of the department not in the National Guard. Crews appeals.
Sharon Lucero, a female Hispanic, was hired by the Nettle Creek School Corporation in 2001 to teach English at the Hagerstown Junior - Senior High School (the "School"). The School served students in grades 7 through 12 in the same building. Lucero was informed, at the time of her hire, that she could be assigned to teach English at any of the grade levels. For her first two years, Lucero taught 7th and 8th grade English, respectively. For the third year, the School assented to her request to teach 12th grade English. The year progressed quite differently than her prior years of service. The principal criticized her performance, the students complained of her teaching style, and the parents complained of her grading policies, to name just a few of her problems. In addition, two specific incidents late in the year stood out. In one, a student showed a photograph in class of a partially naked classmate. In another, a group of students left several Playboy magazines in her classroom. The students involved in these two incidents were all suspended. After the school year, the School hired a new English teacher, a white male. The school assigned the new teacher to 12th grade English and reassigned Lucero to 7th grade English. Lucero sued the School, challenging her reassignment under theories of retaliation, discrimination, hostile work environment and breach of contract. The district court granted summary judgment to the School. Lucero appeals.
Kathleen Ryl-Kuchar began working as a dishwasher at Care Centers, Inc. (“CCI”) at the age of 15. Seventeen years later, she held the salaried position of dietary consultant. Ryl-Kuchar became pregnant with triplets in 2002. She continued working on site until May of 2003, at which time she began working from home. She performed her normal duties with the blessing of CCI management, although her total hours dropped below 35 hours a week. With the help of her family, Ryl-Kuchar returned to work full-time shortly after she gave birth. Her return was short-lived, however. She soon commenced FMLA leave and never returned, deciding instead to resign. In mid-November, CCI’s employee benefits arm determined that Ryl-Kuchar had become a part-time employee in June and had therefore lost her eligibility for medical benefits. It retroactively canceled her health insurance effective the month before she delivered the triplets. Ryl-Kuchar brought an action under the FMLA, arguing that CCI interfered with her right to health insurance and retaliated against her for her decision to take FMLA leave. The jury awarded her damages. CCI appeals from the district court's denial of its motion for judgment notwithstanding the verdict.
Rick Madden, a member of the U.S. Air Force Reserve, was hired as a temporary employee at Rolls-Royce Corporation. He represented, falsely, that he was a graduate of Purdue's engineering program. He did not impress his supervisor with his skills. At the end of the temporary period for which she had been hired, Rolls-Royce let him go. He then applied for a job with Data Systems and Solutions (DS&S), without success. Madden brought suit against Rolls-Royce and DS&S, alleging that both violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) by discriminating against him on the basis of his military service. The district court granted summary judgment to the defendants. Madden appeals.
Marsalette Winsley, an African-American woman, worked for the Cook County Department of Public Health. In December 2003, she was a Family Case Manager, which required her to drive to her clients' homes. In early 2004, she was injured in a car accident. After a leave of absence, she was approved to return to work part-time, conditioned on minimal driving. For more than three years, the County attempted to accommodate her limitations, assigning and reassigning her to different tasks at different locations. Winsley took several more leaves of absence during that time. Her supervisors evaluated her poorly during those years for her problems with attendance and timeliness. Eventually, in May of 2007, Winsley's supervisor asked for improvement in her timeliness and absenteeism rates. Winsley quit her job without notice and never returned. She filed an action alleging that the County violated the Americans with Disabilities Act ("ADA") and Title VII and engaged in retaliation. The district court granted summary judgment to the County on all counts. Winsley appeals.
Construction and Design Co. (CDC), a small construction company with three employees, is organized as a Subchapter S Corporation. As such, its income is taxed directly to its shareholders. CDC petitioned to obtain a visa to add a Ukrainian carpenter to its staff. The Department of Homeland Security denied the petition, ruling that CDC could not afford the proposed $50,000 salary for the carpenter. The district court affirmed. CDC and the alien appeal.
Dynetta Cole was a receptionist for the State of Illinois. Her first year on the job was marked with many complaints about her performance, attendance and personality. After she was injured in a car accident, she took FMLA medical leave. She returned to work on a part-time basis after several weeks. Her performance and attendance issues continued. Cole’s supervisors ultimately presented her with an "employee improvement plan." The plan identified her attitude, her attendance and her performance as targeted areas for improvement. The plan required her to communicate more frequently about her schedule, become more aware of her tone and plan her daily schedule more efficiently. Her supervisors told Cole that she would be fired if she did not sign the plan. Cole refused to sign the plan -- Cole was fired. Cole brought suit against the State and her supervisors alleging retaliation for exercising her FMLA rights. The district court granted summary judgment to the defendants. Cole appeals.
Ronald Smart’s non-union electrical company was awarded a contract to perform electrical work at a sports complex. He claims that Local 702 threatened the owner of the sports complex and coerced him to replace Smart’s company with union electricians. Smart brought an action against the local under the Illinois Antitrust Act. He also brought state law unwarranted prosecution and malpractice claims against the union’s lawyers (claims arising from earlier legal actions against Smart by the union). The district court dismissed the antitrust claim, concluding that it was preempted by the National Labor Relations Act. It also dismissed the state law claims, holding that the malpractice claim could not be brought against a lawyer who had never represented Smart and that the unwarranted prosecution claim required that he prevailed in the underlying litigation (he did not). Smart appeals
Collette Hampton worked the night shift Ford's 
Mark Rujawitz was an at-will employee of the
Juan Sandoval and Sidney Pennix were Chicago police officers. They were also in the military reserve and on active duty in El Salvador and Iraq, respectively. When Chicago scheduled the examination for candidates for sergeant, Sandoval and Pennix requested an opportunity sit for the test. Chicago accommodated their requests by offering them the opportunity to take the test in, respectively, San Salvador and Frankfurt. They both took the test, passed and were placed on the eligibility list. They then filed suit pursuant to the Uniformed Services Employment and Reemployment Rights Act (“USERRA”). They both allege that they should have been offered locations closer to where they were stationed and also seek compensation for the transportation cost to the testing locations. The district court granted summary judgment to the City of Chicago. Sandoval and Pennix appeal..jpg)
Tanum Smith was an aide at the Hope School, a residential facility for developmentally disabled children. On two different occasions in 2006, Smith was injured by students. After the second incident, Smith took some time off and received medical attention. Although an independent medical examination approved her return to work without restrictions, her primary care physician restricted her to light-duty and to assignments that did not require her to interact with the school's residents. The school assigned Smith to its dietary department so that she would not interact with residents. Later, she complained that a student approached her in the kitchen. She informed the school that she was leaving and would not return until the school provided her with a safe work environment. There is significant disagreement in the record over what happened next. What is not disputed is that Smith was absent from work many days and, when she submitted her FMLA paperwork, she had altered the physician’s certification form to add a diagnosis for "previous depression." The school found out about the alteration, denied her request for FMLA leave, and began disciplinary proceedings because of her absences. Ultimately, Hope School terminated Smith's employment because of the absences. Smith brought this action alleging that the school interfered with her FMLA rights and that they terminated her employment in retaliation for requesting FMLA leave. The district court granted summary judgment to Hope School. Smith appeals.
The City of Chicago and the police officers' union have agreed to a procedure for police officers to take compensatory time off in lieu of overtime pay. Under the Fair Labor Standards Act, a public employee who has accrued compensatory time off and has requested to use it is permitted to "use such time within a reasonable period after making the request if the use of the compensatory time does not unduly disrupt the operations of the public agency." Several officers with accumulated compensatory time off brought a suit against the City. They contend that they should be allowed to take a particular days of their own choosing unless their absence at that time would result in a shortage of available officers. Conversely, the City contends that it is the department's choice. In their view, an officer may submit a generic request for compensatory time off. The City then decides what days, if any, to allow. The magistrate judge below concluded that the City had no set procedure. The lack of procedure failed to ensure the rights of the officers. He issued a detailed injunction specifying the process the City must use in response to future applications. The City appeals.
Ronald Vendetti was an accountant in Stone Mountain, Georgia. His employer was acquired by Compass Environmental, Inc. ("Compass"), which was located in Chicago. Vendetti negotiated an employment agreement that provided that: a) he could continue to be located near Stone Mountain, b) he was entitled to one year severance if Compass relocated him, c) he could terminate the agreement with one year severance on 30 days notice for a material breach, and d) he could terminate the agreement without severance on 90 days notice for no cause. Within months, Vendetti's duties necessitated occasional travel to Chicago, to which Vendetti did not object. Later, Compass asked Vendetti to be in Chicago for two weeks of every month for the "indefinite future." Vendetti sent a 30-day notice letter, asserting the position that the company's request violated the agreement’s “location clause”. When Compass refused to provide severance, Vendetti brought an action for breach of contract. The district court granted summary judgment to Vendetti, holding that Compass violated the agreement. Compass appeals.
Laura Simpson was the Director of the River Valley Juvenile Detention Center. In late 2002, Simpson began a period of paid sick leave. During her leave, the county auditor released a report that concluded that Simpson engaged in misconduct. The auditor recommended that she be fired. The report, which was initiated before Simpson went on leave and was initially focused on another county employee, concluded that Simpson a) allowed a psychologist under her authority to defraud the county, b) maintained an improper relationship with a juvenile detainee, and c) acted negligently in handling an attempted suicide. The Chief Judge fired Simpson. Simpson brought an action for interference with her FMLA rights and for retaliation. The district court granted summary judgment for the defendants. Simpson appeals..jpg)
Joanne Teal had been employed by the U. S. Postal Service for almost 20 years when, during an altercation, she struck her supervisor's hand. Although the Postal Service attempted to discharge her, a grievance arbitrator determined that she should be suspended instead. Before she could be reinstated, however, Teal had to demonstrate her physical and mental fitness to resume her duties. For over eight months, the Postal Service went to great lengths to accommodate Teal's needs in scheduling the examinations. Finally, in July of 2003, the Postal Service advised Teal that they were terminating her employment. In the meantime, Teal filed an EEOC complaint in January of 2003, complaining that the original termination of her employment was discriminatory. Teal sued the Postal Service pursuant to the Rehabilitation Act. The district court concluded that she had failed to exhaust her administrative remedies and granted summary judgment to the Postal Service..jpg)
Kevin Cracco was a truck terminal manager at Vitran Express. In late 2006, he was hospitalized with a serious health condition and went on FMLA leave. Cracco's duties were performed by other employees during his absence. The replacement employees discovered a host of problem’s during Cracco’s absence: damaged freight, safety lapses and general disorganization. Vitran's further investigation also discovered falsified freight records. The company terminated Cracco's employment upon his return from leave. Cracco filed suit, alleging that the company violated his FMLA rights. The district court entered a default order when Vitran failed to respond. The court later vacated the default and granted summary judgment to Vitran. Cracco appeals.
Mary Harp was a supervisor in the audit department at Charter Communications, Inc. ("Charter"). She was responsible for ensuring that Charter’s outside contractors performed the services for which they were retained. In early 2004, she concluded that one of Charter’s outside contractors sought payment for services it did not perform. Harp was unhappy with the way Charter treated the situation. She complained to the company that her direct supervisor violated the company's ethics code by authorizing full payment to the contractor. Shortly thereafter, the entire audit department was eliminated as part of a reduction in force. Harp brought an action against Charter under the Sarbanes-Oxley Act, alleging that her termination was in retaliation for her whistle-blowing. The district court granted summary judgment to Charter. Harp appeals.
Clear Channel Outdoor ("CCO ") owns and maintains hundreds of billboards in and around Milwaukee. Patrick Rogney was a CCO crew chief. In April of 2003, Rogney was working with a crew on a billboard in Milwaukee. They were on a platform about 18 feet off the ground. At some point, he disconnected his safety harness from the cable. A company official, conducting a field inspection, observed Rogney at work without the connected harness. After observing for about eight minutes, he notified the operations manager by phone. CCO suspended Rogney that afternoon, and later discharged him. The union filed a grievance, alleging that the termination was without good cause. Pursuant to the collective bargaining agreement, the parties submitted the matter to an arbitrator. After an evidentiary hearing, the arbitrator determined that Rogney's discharge was without just cause and that an appropriate penalty was a six-month suspension without pay. The arbitrator interpreted "just cause" to require CCO to not only consider whether an offense allowing termination was committed but also to consider whether termination was warranted under the circumstances. CCO brought an action to vacate the arbitrator's award. The district court confirmed the arbitrator's decision. CCO appeals.
Daniel Vought and Daniel Alexander were business agents for their local union. James Newell was its Secretary – Treasurer. In mid-2003, Newell fired Robert Russell from his position as a union business agent for allegedly misrepresenting the nature of the union’s health plan. The termination was reversed by the union’s Executive Board. Charges and countercharges were exchanged between Newell and Vought on the one hand and three of the union’s other board members . The matter was submitted to the Joint Council. The Council decided against Newell and removed him as a union officer and suspended him from union membership or employment. His replacement fired Vought the next day. After Alexander showed his support for Vought in later disciplinary proceedings, union leadership showed its displeasure by making his job more unpleasant. He soon resigned. Alexander and Vought brought an action under the Labor Management Reporting and Disclosure Act (“LMRDA”), alleging that they were forced out of their jobs in retaliation for identifying union impropriety. The District Court dismissed Vought’s claim on the merits and Alexander's on the ground that he failed to exhaust union remedies. Vought and Alexander appeal.
United Air Lines, Inc. ("United") and the Air Line Pilots Association ("ALPA"), the collective bargaining representative for the pilots, have a long and contentious history of labor negotiations. The events of September 11, 2001 put additional pressure on that relationship. Their current collective bargaining agreement was negotiated in 2003 and amended in 2004 and 2005. In late 2006, ALPA attempted to reopen contract negotiations. According to United, ALPA took a number of coordinated measures in an attempt to pressure United. United sued ALPA in July of 2008 under Section 2, First of the Railway Labor Act (“RLA”). Shortly thereafter, ALPA agreed to direct its members not to engage in the disruptive activities. The district court, after an evidentiary hearing, granted United's request for a preliminary injunction. ALPA appeals..jpg)
Mary Alice Greene worked for the post office. She worked five days a week and was allowed to volunteer for overtime on her days off. Each quarter, the post office generated a list of employees who wanted overtime. The assignments were supposed to rotate according to seniority, but the post office was not required to schedule an employee for more than one overtime shift a week. Greene’s off days were Sunday and one weekday. She always requested overtime on both of her off days, although she preferred Sunday overtime. During a two-year period, Greene was offered 22 overtime shifts, only five of which were Sundays. Greene brought an action against the post office for gender discrimination. She claimed that her supervisor favored his male friends to the detriment of the female employees in scheduling the more desirable Sunday overtime. During Greene's case-in-chief, the court granted the post office's motion for judgment as a matter of law. Greene appeals..jpg)
Five technicians employed by Abbott Laboratories left in the middle of their shift one Saturday and went to breakfast. On the following Monday, Scott Antonetti (a white male), Jerald Fuhrer (a white male), Cindy Nadiger (a white female) and Marvin Gloria (a Filipino male) each told a supervisor that he or she had not taken a meal break. Relying on these statements, the supervisor overrode Abbott’s payroll system so that they would be paid as if they had not taken an unpaid break. Juan Luna (a Hispanic male), the fifth employee, did not work on Monday and did not have any communication that day with the supervisor regarding his Saturday shift. Nevertheless, the supervisor overrode the payroll system for Luna as well.
Maria Zerente was employed by the City of Chicago Heights from 1995 until 2003, during the two terms of Mayor Ciambrone. Several candidates vied for the mayoral position in 2003, after Ciambrone announced that he would not run for reelection. Anthony DeLuca won on a fiscal responsibility platform. DeLuca hired Dan Proft as Chief of Staff. They both concluded that one of the City’s biggest fiscal problems was a bloated workforce. They fired seventeen employees and did not fill another seventeen open positions. Proft also came to believe that Zerente’s department was underperforming. DeLuca fired Zerente and replaced her with the man who had been his campaign treasurer. Zerente brought a § 1983 action against DeLuca and Proft, alleging that her firing was due to her political affiliation. The district court granted summary judgment to DeLuca and Proft. Zerente appeals.
Adetunji Akande was employed by the Illinois Department of Corrections. He served as a clinical casework supervisor in the clinical services division at the Robinson Correctional Facility (“RCF”). His job was subject to the Illinois Personnel Code. The Code provided that he could not be fired or demoted except for cause. The division was responsible for counseling and disciplinary activity at RCF. The division was run by a clinical services supervisor. The casework supervisors were intermediate managers. Their responsibilities included: resolving and reporting on serious disciplinary matters, supervising the delivery of services by the correctional counselors, evaluating correctional counselors, and performing other like duties. As of late 2003, Akande was the only supervisor. A new warden, Randall Grounds, arrived in early 2004. He came to doubt Akande’s job performance, particularly as it related to inputting disciplinary reports. He instructed Akande to personally input all data at the end of each day. Akande delegated the task. Grounds repeated his instructions. Akande continued to delegate the task. Ground referred Akande for discipline. His position that he was allowed to delegate the assigned tasks notwithstanding Grounds’ instructions was rejected. He received oral and written reprimands and a three-day suspension. In early 2004, Grounds removed Akande’s supervisory responsibilities. Shortly thereafter, Grounds presented Akande with a formal memorandum of responsibilities stating that all data entry for serious discipline was the supervisor’s responsibility. Akande left RCF with a “headache,” went on disability and never returned. Akande brought this action, alleging that he was effectively eliminated from his position, in which he had a property interest. The court granted summary judgment to defendants, holding that they were entitled to qualified immunity. Akande appealed..jpg)
William Nagle, a white male in his fifties, is a police officer with the Village of Calumet Park and has been for almost thirst years. He has been active in union matters for most of that time. The Village hired a new Police Chief (Davis, a black male in his fifties) and Assistant Chief (Rockett, a white female in her forties) in 2002. Nagle claims that Davis discriminated against him on racial and age bases. The incidents he complains of include: a) Davis asked Nagle when he was going to retire, b) Davis referred to Nagle and his peer group on several occasions as “old white mother f*****s,” c) Davis selectively disciplined Nagle in comparison to younger officers, d) Davis said he might be getting “too old” for the job, e) Davis suspended Nagle for failing to assist another officer but did not discipline another officer for the same conduct, and f) Davis reassigned Nagle to duties that Nagle considered undesirable. Nagle also contends that Davis discriminated against him because of his speech. Nagle had spoken up publicly at a meeting in opposition to Davis’ manpower reduction plans. Davis later criticized him for doing so. A few days later, Nagle was suspended for violating a new sick-leave policy. Nagle filed charges with the EEOC. A few weeks later, Davis again suspended Nagle, this time for preparing a union grievance while on-duty. The suspension was overturned and Nagle was paid for the time. He nevertheless filed a second EEOC charge alleging that his suspension was on account of his age and race and in retaliation for the earlier EEOC charge. After being suspended again for violating the sick-leave policy, Nagle filed a third charge alleging that that suspension and an earlier reassignment were made due to his age and race and in retaliation for his complaints. Nagle brought an action, alleging age discrimination under ADEA and race discrimination and retaliation under Title VII. He also brought a § 1983 action, alleging a violation of the First Amendment. The court granted summary judgment for defendants on all counts. Nagle appeals.
"Skeeter" Baltzell worked for Ensign-Bickford Company (“Ensign”) as a truck loader. R&R Trucking (“R&R”) had a contract with Ensign to provide specialized tractor-trailers and drivers. Baltzell was the victim of an unfortunate accident in May 2000, when one of his Ensign co-workers backed up and crushed him between the trailer and the dock. Baltzell was severely injured in the accident and still requires constant care. Baltzell filed a claim with the Illinois Workers’ Compensation Commission and he and his wife filed this lawsuit. The Baltzells claimed damages arising from Baltzell’s injuries and his wife’s loss of consortium, naming R&R and the manufacturers of the tractor and trailer. The defendants brought contribution claims against Ensign. The jury awarded almost $14 million dollars and allocated fault 30% to Ensign and 70% to the other three defendants. Ensign moved to waive its workers’ compensation lien and to dismiss the contribution claims. The court denied its motion. Ensign appeals.
Korrin Stewart was diagnosed as HIV-positive when she was just fourteen years old. Shortly thereafter, she learned that it had actually developed into AIDS. At the age of eighteen, she applied for a wait-staff position at Lee’s Log Cabin (“Lee’s”). Lee’s found out that Stewart was HIV+. In fact, the manager wrote the notation “HIV+” on her application. The EEOC filed suit when Lee’s did not hire Stewart. Shortly before trial, the EEOC presented affidavits from Stewart and her doctors describing how AIDS affected her daily activities. The district court rejected the affidavits because the EEOC had never pleaded the presence of AIDS and, the court found, AIDS and HIV-positive were not synonymous. The court granted summary judgment for Lee’s. The panel of the Seventh Circuit affirmed. The Court thought that the EEOC “complicated the inquiry” by attempting to refashion its claim as AIDS claim late in the case. The Court called it a “major alteration” of the EEOC’s case. Relying on significant symptomatic differences at different stages of the disease, the Court thought it was highly relevant whether Stewart was HIV-positive or had AIDS. The EEOC sought rehearing and rehearing en banc.
The police department of Springfield (the “City”) uses a promotion eligibility list to determine which officers can be promoted to sergeant. The list takes into account written and oral test scores, seniority and military service. The list is typically updated every two years but its life can be extended by a year. A list was due to be updated in October 2003 but was extended a year. At least one reason for the extension was to help one particular black officer (Ralph Harris) obtain a promotion. A few days before the new expiration date, the top three officers on the list were promoted, including Harris. Alan Jones, a white male, was fourth on the list. Once the new list was created, he dropped to twelfth place. He was not promoted until December 2006. Jones sued the City, claiming a violation of Title VII of the Civil Rights Act of 1964. He alleged that he was passed over for promotion because of his race. Jones conceded that there were no open positions but asserts that the City knew there would be a vacancy in a very short time and could have promoted him early – and would have promoted him early if he were black. The district court granted summary judgment to the City. Jones appeals.
Anthony Suskovich was a computer programmer and analyst. From 1996 until his unfortunate and sudden death in 2006, he provided services to WellPoint. WellPoint retained Suskovich on many projects with limited duration, although frequently one project rolled over into another. He billed WellPoint on an invoice, was paid by the hour, and his income was reported on a 1099. WellPoint adopted a preferred vendor program around 2000 under which it could only avail itself of Suskovich’s services if they were provided by a preferred vendor. Suskovich began a relationship with Trasys. Suskovich would send an invoice to WellPoint, which in turn would refer them to Trasys for payment to Suskovich. Suskovich’s income was still reported on a 1099. In 2001, Suskovich signed an “independent contractor” agreement. Suskovich worked on many different projects, sometimes on more than one at once. He usually worked at WellPoint’s offices with a computer supplied by WellPoint. In 2005, WellPoint informed Suskovich that they would not be using him anymore and asked him to train a replacement. Later, Suskovich and WellPoint had discussions about the possibility of Suskovich becoming an employee of WellPoint but nothing ever came of them. Before his death, the IRS began an investigation of Suskovich for not filing tax returns. The investigation led to his filing of returns for several years in which he listed himself as self-employed. He still had remaining tax liability when he died. His estate brought an action against WellPoint and Trasys, seeking a declaratory judgment that Suskovich was an employee of WellPoint and Trasys and for compensation under the Fair Labor Standards Act (“FLSA”), benefits under ERISA, and tax indemnity. The district court granted summary judgment for the defendants, holding that Suskovich was an independent contractor. The Estate appeals.
George Jackson was a carpenter in the Public Works Department in the City of Chicago from 1987 until 2003, when he was promoted to foreman. In 2004, the City announced the availability of two jobs as general foreman of general trades – one each in the Departments of Transportation and General Services. Jackson applied for both jobs. He was offered neither. The City promoted Michael Blake to the Department of Transportation job. Blake had more experience as a carpenter, had more experience estimating the material and manpower needs of a project, and significantly outscored Jackson on a written test of communication skills. The City promoted Kevin O’Gorman to the Department of General Services job. O’Gorman received the highest combined score for the interview and work sample. Jackson did not even submit a work sample. Jackson brought an action against the City. He alleged race and age discrimination under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. The court granted summary judgment to the City. Jackson appeals the Title VII race discrimination judgment.
Gerald Lloyd is a truck driver. Unfortunately, Lloyd lost much of his left leg in a motorcycle accident. Fortunately, he adapted fairly well to a prosthetic leg. He does experience some difficulties with the lining and develops occasional infections. He was able to get a limb waiver from the State of Indiana to return to his career as a truck driver. Swifty Transportation (“Swifty”) hired Lloyd as a night-shift driver in June 2008. Swifty delivers gasoline in its fleet of twelve trucks. Each truck has one lead driver on the day shift and two night-shift drivers. The lead drivers are generally paid more and have some additional responsibilities. In 2001, Swifty filled a lead-driver position without interviewing Lloyd, even though Lloyd had expressed his interest in the job. Lloyd filed an EEOC charge, alleging that Swifty denied him the job because of his disability. Swifty and Lloyd resolved the charge. Lloyd agreed not to bring suit. Swifty agreed to notify and interview Lloyd for any open lead-driver position. On three later occasions, Swifty filled open lead-driver positions with other applicants. In June 2003, they interviewed Lloyd but hired a more experienced driver. Lloyd filed a second EEOC complaint. In January 2004, Swifty again filed a lead driver position with a more experienced driver, this time without interviewing Lloyd. Lloyd was disciplined for the first time in January 2005 – for loading gasoline from the wrong supplier. Lloyd filed his third EEOC complaint. Subsequent to his last EEOC complaint, Lloyd was disciplined twice more. In May 2005, Lloyd resigned. He filed a complaint, alleging that Swifty a) failed to promote him, disciplined him, and paid him less than others, all on account of his disability and in retaliation for his EEOC charges and taking FMLA leave, b) created a hostile work environment, and c) breached the settlement agreement by not interviewing him for every job opening. The court granted summary judgment to Swifty.
Hamilton Southeastern High School (“HSHS”) hired Dmitri Alano as a teacher and assistant band director in 1988. Prior to his hiring, the Hamilton Southeastern School Corporation (“HSSC”) conducted its normal pre-hire process, which included an application and questionnaire, interviews, reference checks, and license and background checks. Alano began a sexual relationship with a student in 2000. The student concealed the relationship from her family and friends. A couple of years after the relationship ended, the student revealed the relationship to her therapist. Her parents and the police were informed. HSHS suspended Alano; he ultimately resigned. The student’s parents (the Hansens) brought federal claims under Title IX and 42 U.S.C. § 1983 and several state law claims against Alano and HSSC. The court granted summary judgment on two of the seven counts with respect to Alano. The court granted summary judgment on all seven counts with respect to HSSC and entered a Rule 54 (b) final judgment. The Hansens appeal the dismissal of the Title IX claim and the state law claims..jpg)
520 South Michigan Avenue Assoc. does business as The Congress Plaza Hotel & Convention Center (“
Zafar Hasan is a Muslim of Indian descent. In 2000, he joined the law firm of Foley & Lardner (“Foley”) as an associate. (The following are facts construed in a light most favorable to Hasan.) During his first year at the firm, he received mostly positive reviews and maintained high billable hours. The events of September 11, 2001 changed Hasan’s standing in the firm. Hasan’s billable hours dropped considerably and he received much less positive reviews. At a meeting in October of 2002, Foley decided to fire Hasan. The firm notified Hasan in December that he was being terminated. He filed suit in 2004, alleging that Foley violated Title VII of the Civil Rights Act. The district court granted Foley’s motion for summary judgment. Hasan appeals.
Gail King was a city bus driver in Madison, Wisconsin (“City”). She developed some health issues and became unable to work. After she took a six-month unpaid disability leave, the City placed her on layoff status. If she became able to return to work during the layoff period, her collective bargaining agreement gave her the right to a) displace the most junior employee in her bargaining unit with an equal or lower job classification, b) fill a vacant position within her bargaining unit for which she was qualified, or c) compete for any vacant positions in other bargaining units. When she received doctor’s permission to return to work, it was qualified by a requirement that she not drive a bus. Based on her seniority and job classification, however, driving a bus was the only job which she could choose by right. King did apply for several vacant positions outside her unit but she was found not to be most qualified and was not selected. The City terminated King after two years of leave, a remedy they were entitled to under the collective bargaining agreement. King brought this action under the Americans with Disabilities Act (“ADA”). She alleged that the City failed to accommodate her disability. The district court granted summary judgment to the City. It held that King’s medical condition did not substantially limit her major life activity and she was therefore not a qualified individual with a disability. Additionally, it held that the City provided reasonable accommodation. King appeals.
Robert Powers was employed by the State of Illinois in 2002 as Deputy Director of the Department of Central Management Services. Powers is alleged to have been part of a scheme to help certain state employees keep their jobs. The employees had been appointed to their jobs for four-year terms. During those terms, they could not be fired but for cause. Instead of allowing their terms to expire shortly after the election of a new governor and risk being replaced, these employees voluntarily resigned before the election. They were then reappointed to new four-year terms. Powers signed the personnel forms that were necessary for the scheme to succeed. Powers did not have the authority to sign the forms and did so knowing that the Director would not. In October of 2002, Powers took a new job as Executive Secretary of the Civil Service Commission (“Commission”). The role of the Commission is to hear appeals of state employees regarding discharges and discipline, modify personnel rules, and investigate personnel violations. Powers’ role as Executive Secretary included drafting rules and regulations, making recommendations regarding resolution of disputes, and interpreting the Personnel Code, among others. When a new governor took office in January of 2003, he began an investigation into the late appointments. The governor’s office concluded that Powers was involved in the scheme and referred its findings to the Commission. The Commission suspended Powers and authorized its Chairman to conduct a hearing. The Chairman was authorized to fire Powers if he did not produce exculpatory evidence at the hearing. The Chairman notified Powers of his rights and held a hearing. The Chairman recommended that Powers be fired – and he was. Powers received a post-deprivation hearing before an ALJ. The ALJ concluded that the firing was warranted. Powers brought suit under 42 U.S.C. § 1983. He alleged that his firing was a deprivation of his right to association because it was on account of his party affiliation. He also alleged a lack of pre-deprivation procedural due process. The defendants conceded, for purposes of summary judgment, that Powers was fired because he was a Republican. The district court granted summary judgment to all defendants. Powers appeals.
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Gail Kay taught in the Chicago public school system. After she retired in 1994, she brought a § 1983 action against the Board of Education (“Board”). She alleged that the Board penalized her on account of her speech. The parties settled the litigation in 1996 and her case was dismissed. In the settlement, the Board offered to rehire Kay into an available future position. In 1997, she was offered an opportunity to return to her former 
Kitsy Amrhein was a group specialist in Health Care Service Corp.’s (“HCSC”) Springfield office. Her principal duty was to service employers that have Blue Cross/Blue Shield Insurance. Amrhein and Scott Redpath became group specialists at the same time. In addition to Amrhein and Redpath, the group consisted of six other women. The group all reported to Benner, who reported to Marquedant, who reported to Woods. In late 2002, Amrhein became convinced that Redpath was performing at a lower level than she but receiving preferred treatment. She made her opinion known to others, including Benner, and continued to do so throughout 2003. HCSC disciplined Amrhein twice in 2003, once for disclosing competitive information and once for excessive personal phone use. After the discipline for the telephone use, things started to heat up..jpg)
Spurlino Materials (“Spurlino”) produces and sells concrete. In 2005, several employees began a union representation effort. Spurlino management allegedly campaigned heavily against the union. Notwithstanding those efforts, the company employees voted to be represented by the union. The NLRB certified the union and it began negotiating its first contract with Spurlino in early 2006. The parties continued to negotiate through early 2007, but were unable to agree on contract terms (and apparently still have not). Attendance at union meetings declined during this period, possibly because of fears of retaliation by Spurlino. Spurlino management allegedly continued an intense harassment campaign against the union.
Indiana created the 