On December 26, 2018, the 7th Circuit affirmed an order of summary judgment for the defendant-employer in a sexual harassment lawsuit in which the plaintiff-former employee alleged that she was subjected to unlawful sexual harassment, sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"). Swyear v. Fare Foods Corporation, No. 18-2108 (7th Cir. 12/26/2018). The sexual harassment claim was based on offensive nicknames used by employees for co-workers and customers, but not for the plaintiff, and a business trip incident with a co-worker involving inappropriate behavior by the co-worker. The plaintiff reported the incident to management and subsequently was given two negative performance reviews and fired. In its decision, the 7th Circuit discussed the elements and legal standards for sexual harassment claims.
Employment Law Chicago Blog
On December 18, 2018, the 7th Circuit affirmed an order of summary judgment in favor of the defendant-employer in an age discrimination lawsuit filed under the Age Discrimination in Employment Act ("ADEA"). Wrolstad v. CUNA Mutual Insurance Society, No. 17-1920 (7th Cir. 12/18/2018). The plaintiff was employed by the defendant for 25 years. His position was eliminated in a corporate restructuring, when he was 52-years-old. He applied for several open positions, but was not rehired. One particular position for which he had applied was given to a 23-year-old. He signed a severance agreement waiving all claims against the defendant in exchange for 50 weeks of severance pay. Subsequently, he filed a charge of age discrimination with the EEOC.
On December 14, 2018, the 7th Circuit affirmed an order of summary judgment in favor of a defendant-employer in a Title VII sex discrimination and retaliation lawsuit. Terry v. Gary Community School Corporation, No. 18-1270 (7th Cir. 12/14/2018). The plaintiff worked as a teacher and a Principal for thirty-five years. The defendant closed the elementary school where the plaintiff had served as Principal due to declining enrollment, and reassigned her to serve as the Assistant Principal at another elementary school. She considered this a demotion. In addition, the defendant also selected a male employee over the plaintiff for a separate promotion, even though the plaintiff had earned the highest ranking of all the applicants from the interviewers. In her lawsuit, the plaintiff alleged sex discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964 ("Title VII").
On December 11, 2018, the Illinois Appellate Court, Third District, declined to establish a per se standard of reasonableness for the temporal scope of employment-based restrictive covenants, indicating that reasonableness must be determined based upon the totality of the facts and circumstances of each individual case. Pam's Academy of Dance/Forte Arts Center v. Marik, 2018 IL App (3d) 170803 (12/11/2018). In this case, the plaintiff alleged two counts of breach of an employment contract and a third count for breach of the Illinois Trade Secrets Act. The plaintiff alleged that the defendant, a former employee, breached their employment non-disclosure and restrictive covenant agreement by opening a dance studio within 25 miles of the plaintiff's studio and soliciting students and teachers through an improperly-obtained customer list.
On October 11, 2018, the 7th Circuit affirmed an order of the district court that granted the employer-defendant's motion for summary judgment on a disparate-impact claim under the Age Discrimination in Employment Act ("ADEA"). Dayton v. Oakton Community College, et al., No. 18-1668 (7th Cir. 10/11/2018). The ADEA prohibits an employer from taking adverse job actions against employees who are forty years old or older because of their age. To prevail on a disparate-impact claim, a plaintiff must demonstrate that a specific, facially neutral employment practice caused a significantly disproportionate adverse impact based on age. Unlike disparate treatment claims, disparate-impact claims do not require proof of discriminatory motive.
On October 11, 2018, the 7th Circuit affirmed an order of the district court which dismissed an Illinois common law tort claim for tortious interference with an employment contract for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ. P. 12(b)(6). Webb v. Frawley, No. 18-1607 (7th Cir. 10/11/2018). The plaintiff sued a former co-worker for tortiously interfering with his employment contract, claiming that the interference resulted in the termination of his employment. The district court granted the defendant's motion to dismiss. The plaintiff alleged that the defendant intentionally induced a breach of his employment contract by his employer--the termination of his employment--by ordering him to pursue business that his employer refused to fulfill, and by reporting to his employer that he was not performing. The plaintiff claimed that the defendant did so in an attempt to resurrect or save the defendant's commercial reputation. The plaintiff was advised that his employer had terminated his employment for poor performance and a lack of productivity.
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