On August 7, 2019, the Illinois Appellate Court, Third District, affirmed the circuit court's grant of summary judgment in favor of the defendant in a retaliation claim under the Illinois Human Rights Act ("IHRA"). Zoepfel-Thuline v. Black Hawk College, 2019 IL App (3d) 180524 (Third Dist. August 7, 2019). The plaintiff, a teacher, alleged that the defendant delayed offering her employment contracts in retaliation for reporting sexual harassment, then later terminated her employment in retaliation for the employment discrimination lawsuit that she filed against the defendant. In order to prevail on a retaliation claim under the IHRA, a plaintiff must establish that he or she engaged in protected activity under the IHRA. The IHRA provides two ways in which a person's civil rights may be violated through retaliation.
Employment Law Chicago Blog
On July 26, 2019, the 7th Circuit affirmed the district court's order granting summary judgment on a Title VII sexual harassment hostile work environment claim. Hunt v. Wal-Mart Stores, Inc., No. 18-3403 (7th Cir. 7/26/2019). The plaintiff filed a complaint in federal court alleging that a supervisor sexually harassed her by creating a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII). A Title VII hostile work environment sexual harassment claim requires a plaintiff to show: (1) the work environment was objectively and subjectively offensive; (2) the harassment complained of was based on gender; (3) the conduct was either severe or pervasive; and (4) there is a basis for employer liability.
On July 26, 2019, the 7th Circuit reversed the district court's entry of summary judgment in favor of the defendant-employer in a Title VII retaliation lawsuit, in which the plaintiff, a former temporary employee, alleged that the employer refused to hire him permanently in retaliation for his complaints of discrimination. Stepp v. Covance Central Laboratory Services, Inc., No. 18-3292 (7th Cir. 7/26/2019). Based on the record, a reasonable jury could conclude that the employer refused to promote the temporary employee to permanent status because of and in retaliation for his protected activity of filing a charge of discrimination with the EEOC.
On July 23, 2019, the 7th Circuit affirmed an order of summary judgment in favor of a defendant-employer in a lawsuit under the Americans with Disabilities Act ("ADA"), in which the plaintiff, a former employee of the defendant, claimed that the defendant failed to reasonably accommodate his disability, and terminated his employment because of his disability. Graham v. Arctic Zone Iceplex, No. 18-3508 (7th Cir. July 23, 2019). The plaintiff sued his former employer for disability discrimination in violation of the ADA. The ADA requires employers to make reasonable accommodations that will allow a qualified individual with a disability to perform the essential functions of her job. When an employee requests a reasonable accommodation under the ADA, the employer, as well as the employee, are required to engage in an interactive process to determine a reasonable accommodation.
On July 17, 2019, the 7th Circuit affirmed the district court's order of summary judgment on an age discrimination claim in which a bus driver alleged that his employment was terminated because of his age in violation of the Age Discrimination in Employment Act ("ADEA"). Pickett v. Chicago Transit Authority, No. 18-2785 (7th Cir. July 17, 2019). After an incident with a bus passenger, the plaintiff took a six month leave of absence while recovering. After his physician concluded that he could return to work (but not as a driver), the plaintiff requested a light duty assignment. He was given one, but four days later, he was informed that the defendant was not ready to permit his return to work.
On June 27, 2019, the Seventh Circuit Court of Appeals affirmed the district court's order granting the defendant-employer's motion for summary judgment on the plaintiff's claims for age discrimination, race discrimination and retaliation. Fields v. Board of Education of the City of Chicago, et al., No. 17-3136 (7th Cir. June 27, 2019). The plaintiff, a Chicago Public School teacher, sued the Board of Education and the principal of the school where she worked, alleging that they discriminated against her based on her race and age and retaliated against her for filing this lawsuit, in violation of Section 1981 and the Age Discrimination in Employment Act ("ADEA"). The district court entered summary judgment on the basis that the plaintiff did not suffer an adverse employment action, which is a required element of an employment discrimination claim.
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