On August 2, 2018, the 7th Circuit affirmed a jury verdict in favor of an employee and against an employer in a same-sex sexual harassment and employment discrimination lawsuit. Smith v. Rosebud Farm, Inc., No. 17-2626 (7th Cir. 8/2/2018). The plaintiff worked as a butcher in a local grocery store on the south side of Chicago. After enduring several years of ongoing sexual and racial harassment from his male coworkers and supervisor, he filed a lawsuit against his employer for violations of Title VII of the Civil Rights of 1964, as amended ("Title VII"), Section 1981, and the Illinois Gender Violence Act. The jury returned a verdict in favor of the employee. On appeal, the 7th Circuit held that the evidence supported the inference that the plaintiff's coworkers harassed him because he was male (only male and not female employees were harassed at the grocery store) and, therefore, because male employees were treated differently from female employees, a reasonable jury could conclude that the plaintiff was harassed because of his sex (which is an essential element of a Title VII sexual harassment claim).
Employment Law Chicago Blog
On July 30, 2018, the 7th Circuit affirmed an order of summary judgment in favor of a defendant employer in an age and sex discrimination and retaliation lawsuit under Title VII of the Civil Rights Act of 1964 and the Age Discrimination in Employment Act. Hamer v. Neighborhood Housing Services of Chicago, et al., No. 15-3764 (7th Cir. 7/30/2018). The plaintiff was passed over for a promotion in favor of a younger, male colleague. Believing that this adverse employment action constituted age and sex discrimination, she met with the Director of Human Resources, and informed her of her intention to file a charge of discrimination with the United States Equal Employment Opportunity Commission. Subsequent communications ensued between various managerial personnel regarding the non-promotion and related personnel issues in connection with the plaintiff, then employee, who was subsequently given an ultimatum to accept a demotion or resign her employment. She resigned, and filed an EEOC charge, followed by a federal lawsuit.
On July 2, 2018, the 7th Circuit reversed an order of summary judgment on a hostile work environment claim in an lawsuit that involved multiple claims of race-based discrimination, harassment and retaliation. Robinson, et al. v. Perales, et al., Nos. 16-2291 & 16-3390 (7th Cir. 7/2/2018). To succeed on a claim for discrimination based on a hostile work environment, a plaintiff must demonstrate that: (1) she was subjected to unwelcome harassment; (2) the harassment was based on a protected category; (3) the harassment was severe or pervasive to a degree that altered the conditions of employment and created a hostile or abusive work environment; and (4) there is a basis for employer liability. In determining whether the conduct is severe or pervasive enough to alter the conditions of employment, courts consider the severity of the alleged conduct, its frequency, whether it is physically threatening or humiliating, and whether it unreasonably interferes with the employee's work performance.
On June 27, 2018, the 7th Circuit affirmed an order of summary judgment in favor of the defendant employer in a Title VII lawsuit in which the plaintiff former employee alleged that he was discriminated against and terminated on account of his religion and in retaliation for filing an EEOC charge. Khowaja v. Jefferson B. Sessions III, Attorney General of the United States, No. 18-1155 (7th Cir. 6/27/2018). The plaintiff alleged that he was unlawfully discriminated against and removed from his position as an FBI agent because he is a Muslim, in violation of Title VII of the Civil Rights Act of 1964, as amended ("Title VII"), that he was subjected to a hostile work environment and disparate treatment, and that he was unlawfully terminated for beginning the EEOC process. On appeal, he only challenged the district court's ruling on his first claim of religious discrimination and disparate treatment.
On June 25, 2018, the 7th Circuit affirmed the district court's grant of summary judgment on a claim for breach of an employment compensation plan, but reversed the district court's grant of summary judgment on the plaintiff's wage claim under the Illinois Wage Payment and Collection Act. Sutula-Johnson v. Office Depot, Inc., No. 17-1855 (7th Cir. 6/25/2018). The plaintiff sued her former employer alleging that its changes to her employee compensation plan for selling office furniture breached its employment contract with her and violated the Illinois Wage Payment and Collection Act (the "Act"). In her claim for breach of employment contract, the plaintiff contended that the defendant did not effectively amend its employment contract with her until she signed a written acknowledgement form on a certain date. She argued that prior thereto, any amendment to her employment contract was without consideration; and that she did not accept the new terms until she signed them. Thus, it was the plaintiff's position that a new contract was not formed until she signed the acknowledgment, and that the defendant breached her previous contract by failing to comply with the old compensation plan through the date she signed the acknowledgement. She also argued that the defendant breached her employment contract by retroactively reducing her commissions.
On June 19, 2018, the 7th Circuit affirmed an order of summary judgment in favor of a defendant employer in a federal lawsuit in which the plaintiff, former employee alleged that the defendant laid him off and failed to rehire him because of his race and in retaliation for his EEOC charge. Oliver v. Joint Logistics Managers, Inc., No. 17-1633 (7th Cir. 6/19/2018). The plaintiff sued his former employer under Section 1981 of the Civil Rights Act of 1866, alleging that it discriminated against him when it laid him off and when it hired another applicant to fill an open position. He also alleged that the employer retaliated against him because he filed a charge of discrimination with the EEOC. The 7th Circuit concluded that the plaintiff failed to present essential evidence in support of each of his claims.
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