Freeman v. Metropolitan Water Reclamation District of Greater Chicago

Freeman, an African-American, began as an "at will" probationary treatment plant operator, collecting and transporting water samples across the mile-long plant. Although operators typically transport these samples in District-owned vehicles, the job description does not require a driver’s license. Three months after Freeman was hired, he was arrested for driving under the influence of alcohol, His license was suspended for six months. Freeman began seeing a substance-abuse counselor. As required by his contract, he told the District about the license suspension and his counseling. He bought a bike and a cooler to transport samples and asked whether he could use a go-cart, which does not require a driver’s license on private property. The District refused to approve a state-approved occupational driving permit that would permit him to drive a company vehicle while working. The District fired Freeman, asserting “unsatisfactory performance.” Freeman alleges that the real reason for his firing was his race and because the District regarded him as an alcoholic. Each of four court-recruited attorneys moved to withdraw. The court dismissed his claims of race and disability discrimination and of retaliation, 42 U.S.C. 1981, 1983; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2; and under the Americans with Disabilities Act, 42 U.S.C. 12112. The Seventh Circuit vacated in part. Freeman adequately pleaded his discrimination claims. The court affirmed with respect to Freeman’s Monell contention that the District fired him pursuant to an unlawful policy. View "Freeman v. Metropolitan Water Reclamation District of Greater Chicago" on Justia Law