U.S. District Court, Northern District of Illinois

What Is Required For An Employee To Prove Employment Discrimination?

On February 17, 2021, the 7th Circuit affirmed an order of summary judgment in a federal employment discrimination lawsuit for age, sex, race, and disability discrimination, as well as retaliation.  Igasaki v. Illinois Department Of Financial And Professional Regulation, No. 18-3351 (7th Cir. 2/17/2021).  The plaintiff, a 62-year-old gay Japanese man with gout, worked as a staff attorney for the State of Illinois.  He alleged five claims: (1) race discrimination based on his Asian ethnicity in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), arising from the treatment of his job performance and his employment termination; (2) sex discrimination in violation of Title VII, arising from gender stereotyping and a hostile work environment based on his sexual orientation; (3) age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), arising from the treatment of his job performance and employment termination; (4) retaliation in violation of Title VII, arising from his employment termination after he filed his EEOC charge of discrimination; and (5) disability discrimination in violation of the Americans with Disabilities Act ("ADA"), arising from the failure to accommodate his gout disability.

7th Circuit Affirms Summary Judgment on Failure to Accommodate Claim

On January 14, 2021, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a failure to accommodate lawsuit under the federal Rehabilitation Act.  Conners v. Robert Wilke, No. 19-2426 (7th Cir. Jan. 14, 2021).  The plaintiff worked as a nurse at a VA hospital.  Her job duties included treating and observing patients, giving immunizations, managing the front desk, teaching classes, and filling out paperwork.  After she was involved in an automobile accident, her injuries impeded her ability to perform most of her nursing duties.  Her supervisor initially permitted her to retain her position, but reduced her job responsibilities to only teaching and paperwork.  Subsequently, the VA concluded that she could not perform the essential duties of her position, even with reasonable accommodations, and it terminated her employment.

7th Circuit Affirms Summary Judgment for Employer in Title VII and ADA Employment Discrimination and Retaliation Lawsuit

On December 8, 2020, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a lawsuit filed by a social worker against the Chicago Board of Eduction alleging gender and disability discrimination, failure to accommodate, and retaliation.  Williams v. Board of Education of City of Chicago, No. 19-3152 (7th Cir. 12/8/2020).  The plaintiff alleged that the defendant failed to award him certain positions on account of his gender and disability, as well as in retaliation for his protected activity of requesting an accommodation for his disability and filing discrimination claims.

7th Circuit Affirms Summary Judgment for Employer in Failure-to-Accommodate Lawsuit

On November 23, 2020, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a disability discrimination lawsuit filed by a mail carrier for the U.S. Postal Service under the Rehabilitation Act, which is the equivalent of the Americans with Disabilities Act for federal employees.  Vargas v. Louis DeJoy, Postmaster General, No. 20-1116 (7th Cir. Nov. 23, 2020).  After he aggravated an old foot injury on the job, the plaintiff was placed on work restrictions that prohibited him from lifting and carrying heavy weights.  This created a problem for him because his job duties included carrying heavy loads and packages.  He requested accommodations from the employer, but without any alternative jobs for him to do, his accommodation request was denied.  Consequently, he had to take paid sick leave for several weeks and eventually went on unpaid leave.  He sued his employer under Title VII for race discrimination and retaliation, and for disability discrimination under the Rehabilitation Act.

7th Circuit Affirms Summary Judgment for Employer in ADA Lawsuit

On November 4, 2020, the 7th Circuit affirmed an order of summary judgment in favor of an employer-defendant in a lawsuit under the Americans with Disabilities Act ("ADA"), in which the plaintiff claimed that he was dismissed from a police academy because of his actual or perceived disability.  Sandefur v. Thomas J. Dart and Cook County, Illinois, No. 19-2787 (7th Cir. Nov. 4, 2020).  Plaintiff was a corrections officer for the Sheriff of Cook County, Illinois.  The ADA prohibits covered employers from discriminating against individuals with disabilities.  To establish an ADA claim, a plaintiff must plead and prove that she: (1) was disabled within the meaning of the ADA; (2) was qualified to perform the essential functions of her job with or without reasonable accommodation; and (3) suffered an adverse employment action because of her disability.

7th Circuit Affirms Jury Verdict in Favor of Plaintiff in Title VII Disparate Discipline Lawsuit

On August 11, 2020, the 7th Circuit affirmed a jury verdict in favor of a plaintiff, a terminated employee who claimed that he was fired because of his race, African-American, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII").  Morris v. BNSF Railway Company, No. 19-2808 & 19-2913 (7th Cir. Aug. 11, 2020).  The crux of his employment discrimination lawsuit was disparate discipline--that he was disciplined more harshly than similarly situated non-African-American employees who committed the same or similar violations of the same company policy.  Specifically, he claimed that he was subjected to a formal disciplinary process that culminated in his termination, while non-African-American employees were given a more lenient informal disciplinary process that practically guaranteed that they would not be terminated.

7th Circuit Explains Associational Disability Discrimination under the ADA

On August 6, 2020, the 7th Circuit affirmed an order of summary judgment in favor of a defendant-employer in a lawsuit in which the plaintiff alleged associational disability discrimination and retaliation under the Americans with Disabilities Act ("ADA").  Pierri v. Medline Industries, Inc., No. 19-3356 (7th Cir. Aug. 6, 2020).  The plaintiff was a chemist for the defendant.  Initially, he did well at the company, but problems arose after he asked for accommodations to enable him to take care of his ailing grandfather.  The defendant gave him time off to take care of his grandfather under the Family and Medical Leave Act ("FMLA").  However, the plaintiff claimed that his supervisor then became so hostile to him that he required personal time off because of the stress.  He took FMLA leave and never returned to work.  The defendant eventually terminated his employment for his failure to return to work or provide a return date.

7th Circuit Affirms Summary Judgment for Employer in ADA Failure to Accommodate Lawsuit

On July 17, 2020, the 7th Circuit affirmed an order of summary judgment in favor the employer-defendant in a disability discrimination lawsuit under the Americans with Disabilities Act ("ADA"), in which the employee-plaintiff alleged that the defendant violated the ADA by failing to accommodate her disability.  Kotaska v. Federal Express Corporation, No. 19-2730 (7th Cir. July 17, 2020).  The defendant twice terminated the employment of the plaintiff because she could not lift up to 75 pounds.  The first time, she was limited to lifting only 60 pounds after a shoulder injury.  Eventually, her condition improved so that she could lift 75 pounds to her waist, and she was rehired.  Within three weeks, the defendant terminated her again, after it learned that her capabilities above the waist remained severely limited.

7th Circuit Affirms Jury Verdict for Employer in Age and Race Discrimination and Retaliation Lawsuit

On July 15, 2020, the 7th Circuit affirmed a jury verdict in favor of an employer-defendant in an age and race discrimination and retaliation case under the Age Discrimination in Employment Act ("ADEA") and Title VII of the Civil Rights Act of 1964 ("Title VII").  Henderson v. Wilkie, Secretary, U.S. Department of Veterans Affairs, No. 19-1369 (7th Cir. July 15, 2020).  The case went to trial on the plaintiff's claim that he was not selected for a promotion on the basis of his race.  The other claims were decided against the plaintiff on summary judgment.  The jury returned a verdict in favor of the defendant, and the district court entered final judgment.  The plaintiff appealed on evidentiary grounds.

7th Circuit Affirms Summary Judgment for Employer in Age Discrimination Lawsuit

On July 1, 2020, the 7th Circuit affirmed an order of summary judgment in favor of a defendant-employer in an age discrimination lawsuit filed under the Age Discrimination in Employment Act ("ADEA").  Tyburski v. City of Chicago, No. 18-3000 (7th Cir. July 1, 2020).  The plaintiff, a City of Chicago employee, applied for a promotion when he was age seventy-four, but the city rejected his application.  He filed a lawsuit against the city, alleging that the city violated the ADEA by denying him the promotion because of his age.  He also filed a claim for age-based workplace harassment under the ADEA.  The 7th Circuit concluded that the plaintiff failed to present evidence that his age, rather than his failing test score for the promotion, was the reason he was denied the promotion.  In addition, the 7th Circuit ruled that he did not supply evidence that the alleged age-based harassment was severe or pervasive, which is required to support a hostile work environment claim.

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