Justia Labor & Employment Law Opinion Summaries

Plaintiff had worked for defendant for 19 years when she had a heart attack requiring bypass surgery and went on medical leave. While on leave, she also received treatment for carpal tunnel syndrome. After six months of leave, defendant terminated her employment pursuant to its established leave policy. Defendant told plaintiff that she was eligible for re-hire to her position once she was medically cleared to work again. Hunt then filed suit, alleging that she was fired in retaliation for her intention to file a workers’ compensation claim related to her carpal tunnel syndrome. The district court granted defendant summary judgment on the retaliation claims. The Seventh Circuit affirmed. Plaintiff offered no evidence that the relevant decision-maker even knew of her potential workers’ compensation claim or was influenced by anyone who did know.

Dr. Jajeh, a Syrian-born Muslim, became an attending physician at the county hospital in 1991. Starting in about 2002 he had conflicts with another doctor and regularly complained about that doctor. In 2006 he complained that the conflict involved religious and ethnic discrimination. There was no evidence that problems continued after that time. In 2007 extensive budget cuts forced the county to lay off more than 200 physicians, including Dr. Jajeh. Dr. Jajeh brought suit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e, claiming that he was subjected to discrimination on the basis of religion and national origin, and terminated in retaliation for his complaints about the discrimination he suffered. The district court granted summary judgment in favor of the county, finding no evidence of discrimination or that he was laid off in retaliation for his complaints. The Seventh Circuit affirmed.

Hicks worked as a mechanic for the Forest Preserve District for two years and received 28 disciplinary action forms from his supervisor. Hicks, who is black, participated in an investigation of his supervisor for discrimination, and later filed his own discrimination complaint. Eventually the FPD offered Hicks a choice: either accept a demotion to a non-mechanic position and take a significant pay cut, or face further disciplinary action up to and including termination. On advice of his union, Hicks took the demotion, but then brought suit for retaliation. He was awarded $30,000 and reinstated to his former position as a mechanic. The Seventh Circuit affirmed, rejecting challenges to the sufficiency of the evidence and to a jury instruction on retaliation.

The village fired its village manager, at the same time restructuring its work force by abolishing three positions and creating one new slot. Plaintiff occupied an abolished position: executive coordinator to the village manager. Her suit under 42 U.S.C. 1983 claimed that she was fired because she was associated with the village manager, who had lost a political struggle. Because the village implemented its plan by ordinance, the district court dismissed on the ground of legislative immunity. The Seventh Circuit affirmed. An ordinance adopted through the legislative process, and having the force of law, is covered by legislative immunity no matter the motives of those who proposed, voted for, or otherwise supported the proposal. The court acknowledged that the ordinance made the termination an official village policy, for which the village does not enjoy immunity, but: "It is common to hold a person's associations against him ... it is an important part of the new officeholder's own right of association to be able to choose who to work with, the better to promote his ideas and policies." A position as a policymaker"s right-hand woman is "confidential" in nature.

Dass, born in India, was first hired as a teacher in 1991. In 2002, Dass was hired at Casals. Donaldson was the principal and rated Dass's overall performance through 2005 as excellent, but never recommended Dass for tenure based on concern that Dass was not a strong disciplinarian. Donaldson retired in 2005 and non-renewed Dass for the 2005-2006 school year. Dass was rehired for the year, but because of an error, was displaced after that school year when Casals lost teaching positions due to budget constraints. Dass won a grievance and was reinstated. Dass received medical leave in December 2006. She did not return the rest of the school year. In 2007, the principal recommended non-renewal. The Board accepted the recommendation. Dass filed suit, alleging national origin discrimination and retaliation under the Civil Rights Act of 1964, 42 U.S.C. 2000e; discrimination in violation of the Americans with Disabilities Act, 42 U.S.C. 12101.; and discrimination under 42 U.S.C. 1981. The district court granted defendants summary judgment. The Seventh Circuit affirmed. Assignment to teach seventh grade was not an adverse employment action and there was no evidence of discrimination based on national origin.

Penske provided transportation services for a newspaper, its only customer, 1999 to 2009, but lost the bid for the contract and informed the union that it would cease operations. The collective bargaining agreement expired two days after operations shut down. Penske and the union engaged in "effects bargaining." Penske agreed to give workers extended recall rights, preferential treatment should they apply for employment at other firms within the Penske group, pay for unused vacation time, severance pay of one week's wages, and assistance in preparing resumes and securing letters of recommendation. Employees filed claims they characterized as a "hybrid" breach of contract and Labor-Management Relations Act, 29 U.S.C. 185 suit. The Seventh Circuit agreed with the district court that the suit was "doomed" because the plaintiffs did not even contend that Penske failed to implement the collective bargaining agreement. The court also dismissed a claim that the union did not bargain hard enough.

For more than 30 years, Blue was an administrative assistant at IBEW and had an excellent record. In 2006 Phillips filed a complaint against IBEW, alleging that his information was removed from the referral book and his initiation fee returned because of his race (African-American). Around the same time, Blue questioned a supervisor about a white electrician, allowed to sign the referral book without paying his initiation fee. Blue was stripped of essential job duties, denied over- time opportunities, and subjected to a hostile work environment. She was disciplined for minor infractions, suspended without pay, and had to take leave to escape the stress. She filed her own complaint with the local agency, alleging retaliation. The district court denied a motion to exclude documents relating to Phillips's complaint. A jury awarded Blue $202,396.76. The Seventh Circuit affirmed, finding the documents relevant and the evidence sufficient to sustain the verdict.

The Atomic Energy Act, 42 U.S.C. 2011, requires that nuclear generators implement access authorization programs. Many employees at privately-owned nuclear power plants must receive a security clearance with "unescorted access" privileges. When such access is denied or revoked, the Nuclear Regulatory Commission requires owner-licensees to provide the aggrieved worker with a review procedure. From 1991 to 2009, the Commission took the position that labor arbitrators could review access denials at unionized facilities. Courts agreed. In 2009, the Commission completed post-9/11 overhaul of security requirements. New language was ambiguous as to whether the Commission had changed its policy to prohibit arbitral review. The district court entered declaratory judgment that the amendments prohibited arbitration of access denial decisions. The Seventh Circuit reversed, concluding that the Commission did not "flip-flop on an important, longstanding, and controversial policy without clearly indicating either in the text of the rule or at any point in the rulemaking history that it was doing so."

Plaintiff sued Allstate on behalf of a putative class, alleging a nationwide pattern or practice of sex discrimination in violation of Title VII of the Civil Rights Act, 42 U.S.C. 2000e, and the Equal Pay Act, 29 U.S.C. 206(d). She alleged gender-based earning disparities based on salary, promotion, and training policies that left significant discretion in the hands of individual managers. The district court denied class certification. In response to enactment of the Lilly Ledbetter Fair Pay Act of 2009, Pub L. No. 111-2, plaintiff again moved for class certification, focusing on Allstate's uniform compensation policies. The court again denied certification, citing lack of common issues. On appeal, plaintiffs argued disparate impact, claiming that a policy of awarding merit increases based on a percentage of base pay and of comparing salaries to its competitors caused gender-based disparities in earnings. The Seventh Circuit affirmed denial of class certification, stating that plaintiffs did not meaningfully develop the disparate impact claim before the district court, where plaintiffs argued only a pattern-or-practice claim, a type of intentional discrimination.

Plaintiff suffered an on-the-job injury. The following day, managers decided to terminate her position as part of a national reduction in force. Informed of this decision upon her return from medical leave, plaintiff filed a workers’ compensation claim and, later, sued the company for terminating her in retaliation for exercising workers’ compensation rights. The district court granted summary judgment in favor of the employer. The Seventh Circuit affirmed, noting that the company established nondiscriminatory reasons for its decision. Plaintiff did not show a causal link between her decision to seek medical attention and the termination.