No Illinois Workers Compensation Retaliatory Discharge Claim for Employee Discharged for Refusing to Take Drug Test

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.