Employment Law Chicago Blog

On March 11, 2019, the Illinois Appellate Court, First District, held that under Illinois law, a successor business entity may be liable for an employment discrimination claim against an employer that transferred its assets to the successor in order to avoid liability for the employment discrimination claim.  Illinois Department of Human Rights v. Oakridge Nursing & Rehab Center, et al.,  2019 IL App (1st) 170806, March 11, 2019.  The employee filed an age and disability discrimination charge (the "Charge") against his employer under the Illinois Human Rights Act ("IHRA").  After the employer received notice of the Charge, it transferred substantially all of its assets to a related but separate business entity.  Subsequently, a judgment in the amount of $30,000 was awarded by the Illinois Human Rights Commission to the employee and against the employer, which the employer failed to pay.

On March 6, 2019, the U.S. Court of Appeals for the Seventh Circuit held that the district court did not err in its jury instruction about the legal consequences of an employee's failure to cooperate with her employer in identifying a reasonable accommodation.  Sansone v. Brennan, Postmaster General of the United States, No. 17-3534 & No. 17-3632 (7th Cir. March 6, 2019).  The plaintiff, a postal employee confined to a wheelchair, was for years provided by the Postal Service with a parking spot with room to deploy his van's wheelchair ramp, until it took that spot away and failed to provide him with a suitable replacement.  He filed a lawsuit against the Postal Service, alleging that it failed to accommodate his disability.  A jury returned a verdict in favor of the plaintiff, and he recovered compensatory damages, as well as back pay and front pay.  The Service appealed on various grounds, including a jury instruction that it claimed was erroneous regarding the required interactive process between an employer and employee to find a reasonable accommodation.

On February 22, 2019, the U.S. Court of Appeals for the Seventh Circuit reversed the district court's grant of summary judgment in favor of a defendant-employer in a Title VII race and national origin discrimination lawsuit.  Silva v. State of Wisconsin, Department of Corrections, et al., No. 18-2561 (7th Cir. Feb. 22, 2019).  Under Title VII of the Civil Rights Act of 1964 ("Title VII"), it is unlawful for an employer to discriminate against an employee because of the employee's race, sex, religion, color, or national origin.  The plaintiff claimed that his employer terminated his employment because of his race and national origin, in violation of Title VII.  As evidence of discrimination, the plaintiff raised disparate discipline and pretext.

On February 20, 2019, the U.S. Court of Appeals for the Seventh Circuit affirmed an order of summary judgment in favor of a defendant-employer on an Illinois common law retaliatory discharge claim.  Walker v. Ingersoll Cutting Tool Company, No. 18-2673 (7th Cir. Feb. 20, 2019).  The employer discharged the employee after he was involved in a physical altercation with another employee.  He sued the employer, alleging race discrimination under Title VII and retaliatory discharge under Illinois law.  The district court granted summary judgment for the employer on all claims.  On appeal, the plaintiff abandoned his Title VII racial discrimination claim.  The retaliatory discharge claim failed for lack of evidence of a causal connection between any protected activity and the plaintiff's discharge.

On February 20, 2019, the U.S. Court of Appeals for the Seventh Circuit reversed the district court's grant of summary judgment in favor of an employer in a Title VII racial harassment lawsuit, in which the employee's immediate supervisor made racial epithets directly to the employee.  Gates v. Board of Education Of The City of Chicago, No. 17-3143 (7th Cir. Feb. 20, 2019).  The plaintiff's supervisor used the N-word twice and threatened to write up his "black ass."  The district court applied the wrong legal standard for hostile work environment claims, erroneously stating that "the workplace that is actionable is one that is hellish."  However, "[h]ellish is not the standard a plaintiff must satisfy to prevail on a hostile work environment claim."

On January 29, 2019, the U.S. Court of Appeals for the Seventh Circuit affirmed an order of summary judgment in favor of a defendant-employer in a lawsuit alleging violations of Title VII of the Civil Rights Act of 1964 ("Title VII") and the Illinois Human Rights Act ("IHRA"), in which the plaintiff-employee claimed that the employer failed to promote, disciplined, and demoted him because of his race and national origin, and in retaliation for his previous internal complaints of employment discrimination and workplace harassment.  Cervantes v. Ardagh Group, No. 17-3536 (7th Cir. Jan. 29, 2019).  His discrimination claims failed because he did not exhaust his administrative remedies.  His retaliation claim failed because he did not engage in protected activity, and there was no evidence of any causal connection between any protected activity and the adverse employment actions.