The Seventh Circuit Court of Appeals recently affirmed the district court's grant of summary judgment in an Illinois workers compensation retaliatory discharge case. Phillips v. Continental Tire, No. 13-2199 (7th Cir.), February 14, 2014. The employer discharged the employee for his refusal to take a mandatory drug test. The test was a precondition for the initiation of his workers compensation claim. In order to prevail on an Illinois workers compensation retaliatory discharge claim, a plaintiff must establish a causal connection between the exercise of a right granted under the Illinois Workers Compensation Act, and the discharge.
The Seventh Circuit stated that the element of causation requires more than a discharge in connection with a workers compensation claim.