Title VII (Title VII of the Civil Rights Act of 1964, as amended)

Elements of a Title VII Hostile Work Environment Sexual Harassment Claim

On July 26, 2019, the 7th Circuit affirmed the district court's order granting summary judgment on a Title VII sexual harassment hostile work environment claim.  Hunt v. Wal-Mart Stores, Inc., No. 18-3403 (7th Cir. 7/26/2019).  The plaintiff filed a complaint in federal court alleging that a supervisor sexually harassed her by creating a hostile work environment, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII).  A Title VII hostile work environment sexual harassment claim requires a plaintiff to show: (1) the work environment was objectively and subjectively offensive; (2) the harassment complained of was based on gender; (3) the conduct was either severe or pervasive; and (4) there is a basis for employer liability.

7th Circuit Reverses Summary Judgment for Employer on Title VII Retaliation Claim

On July 26, 2019, the 7th Circuit reversed the district court's entry of summary judgment in favor of the defendant-employer in a Title VII retaliation lawsuit, in which the plaintiff, a former temporary employee, alleged that the employer refused to hire him permanently in retaliation for his complaints of discrimination.  Stepp v. Covance Central Laboratory Services, Inc., No. 18-3292 (7th Cir. 7/26/2019).  Based on the record, a reasonable jury could conclude that the employer refused to promote the temporary employee to permanent status because of and in retaliation for his protected activity of filing a charge of discrimination with the EEOC.

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

On June 27, 2019, the Seventh Circuit Court of Appeals affirmed the district court's order granting the defendant-employer's motion for summary judgment on the plaintiff's claims for age discrimination, race discrimination and retaliation.  Fields v. Board of Education of the City of Chicago, et al., No. 17-3136 (7th Cir. June 27, 2019).  The plaintiff, a Chicago Public School teacher, sued the Board of Education and the principal of the school where she worked, alleging that they discriminated against her based on her race and age and retaliated against her for filing this lawsuit, in violation of Section 1981 and the Age Discrimination in Employment Act ("ADEA").  The district court entered summary judgment on the basis that the plaintiff did not suffer an adverse employment action, which is a required element of an employment discrimination claim.

7th Circuit Reverses 12(b)(6) Dismissal of Complaint for Title VII Race Discrimination and ADA Disability Discrimination and Retaliation.

On June 14, 2019, the U.S. Court of Appeals for the Seventh Circuit reversed the district court's dismissal of a complaint in which the plaintiff alleged that the defendant terminated his employment because of his race and disability, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII") and the Americans with Disabilities Act ("ADA").  Freeman v. Metropolitan Water Reclamation District of Greater Chicago, No. 18-3737 (7th Cir. June 14, 2019).  The plaintiff, an African-American man who suffers from alcoholism, sued his former employer for firing him because of his race and disability.  The district court dismissed his complaint for failure to state a claim pursuant to Fed R. Civ. P. 12(b)(6).  The Seventh Circuit, however, concluded that the plaintiff has pleaded enough to state his claims.

7th Circuit Affirms Summary Judgment for Employer in Title VII Retaliation Lawsuit.

On June 13, 2019, the 7th Circuit affirmed an order of summary judgment in favor of the defendant-employer in a Title VII retaliation case in which the plaintiff-employee alleged that he was constructively discharged in retaliation for complaining about a racially charged employment incident.  Mollet v. City of Greenfield, No. 18-3685 (7th Cir. June 13, 2019).  The question in every retaliation case under Title VII of the Civil Rights Act of 1964 ("Title VII") is whether the statutorily protected activity was the "but-for" cause of the adverse employment action.  In this case, the 7th Circuit agreed with the district court that it wasn't.  Title VII prohibits employers from retaliating against employees for complaining about discrimination.  The plaintiff, a firefighter, argued that the defendant fire department retaliated against him for complaining about a discriminatory incident involving a co-worker.  To establish a retaliation claim under Title VII, a plaintiff must demonstrate that: (1) he engaged in protected activity; (2) his employer took a materially adverse employment action against him; and (3) there is a causal connection between the protected activity and the adverse job action.

7th Circuit Reverses Dismissal of Age Discrimination Lawsuit where the Employee-Plaintiff Misnamed the Employer-Defendant in his Original EEOC Charge of Discrimination

On June 7, 2019, the Seventh Circuit reversed the district court's dismissal of an age discrimination complaint on the ground that the plaintiff had incorrectly named the defendant in his EEOC charge.  Trujillo v. Rockledge Furniture LLC, Nos. 18-3349 & 19-1651 (7th Cir. June 7, 2019).  The plaintiff filed a charge of age discrimination and retaliation with the U.S. Equal Employment Opportunity Commission ("EEOC") after his employment was terminated.  In his charge, the plaintiff failed to list the correct legal name of the defendant.  The district court dismissed his claims for failure to exhaust administrative remedies because he did not name his employer sufficiently, and because the EEOC did not notify the correct employer of the charge.

7th Circuit Affirms Summary Judgment for Employer on Title VII Race Discrimination and Retaliation Claims

On June 5, 2019, the United States Court of Appeals for the Seventh Circuit affirmed the district court's order of summary judgment in favor of a defendant-employer in a Title VII race discrimination and retaliation lawsuit.  LaRiviere v. Board of Trustees of Southern Illinois University, et al., No. 18-3188 (7th Cir. June 5, 2019).  The plaintiff, an African-American woman, who was notified that she would not be reappointed to her position, sued for race discrimination and retaliation under Title VII of the Civil Rights Act of 1964 ("Title VII").  Absent evidence that her ethnicity was the reason for her termination, or of a causal connection between her protected activity and her termination, her claims could not survive summary judgment.  While "[u]nmistakable evidence of racial animus--racial epithets or explicitly race-motivated treatment--makes for simply analysis....[t]he more complicated cases arise when there is no 'smoking gun' showing intentional employment discrimination."

U.S. Supreme Court Holds that Title VII's Charge-Filing Requirement is not Jurisdictional

On June 3, 2019, the United States Supreme Court ruled that the requirement under Title VII of the Civil Rights Act of 1964 ("Title VII") that a complainant must first file a charge of discrimination with the U.S. Equal Employment Opportunity Commission ("EEOC") as a precondition to the commencement of a Title VII lawsuit in court is not jurisdictional.  Ford Bend County, Texas v. Davis, 587 U.S. ___ (2019).  Title VII proscribes employment discrimination on the basis of race, color, religion, sex, or national origin.  Title VII also prohibits retaliation against persons who assert rights under the statute.  As a precondition to filing a Title VII employment discrimination lawsuit in court, a complainant must first file a charge of discrimination with the EEOC.  The Supreme Court considered whether Title VII's charge-filing precondition is a jurisdictional requirement that may be raised by the defense at any stage of a lawsuit, or a procedural prescription mandatory if timely raised, but subject to waiver if not timely raised.  In an opinion authored by Justice Ginsburg, the Supreme Court held that the charge-filing precondition is not jurisdictional.  Consequently, a plaintiff's failure to file a charge of discrimination before filing a Title VII lawsuit must be timely raised as an objection or a defense early in the lawsuit.  Otherwise, the objection or defense may be forfeited.

Physician with Hospital Practice Privileges not an Employee of the Hospital for Purposes of Title VII Discrimination Claims

On May 8, 2019, the 7th Circuit affirmed an order of summary judgment in favor of a hospital on Title VII employment discrimination claims brought by a physician whose practice privileges were terminated by the hospital.  Levitin v. Northwest Community Hospital, No. 16-3774 (7th Cir. May 8, 2019).  The physician sued the hospital, alleging that it terminated her hospital practice privileges on the basis of her sex, religion, and ethnicity, in violation of Title VII of the Civil Rights Act of 1964 ("Title VII").  The hospital argued that the physician was not an employee of the hospital and, therefore, her Title VII discrimination claims were precluded.  The district court found that she was an independent physician with practice privileges at the hospital, not the hospital's employee.

Illinois Appellate Court Reverses Summary Judgment on IHRA Employment Discrimination Claims

On April 2, 2019, the Illinois Appellate Court, Second District, reversed the trial court's order of summary judgment in favor of the defendant-employer in an employment discrimination lawsuit under the Illinois Human Rights Act ("IHRA"), in which the plaintiff-employee claimed that her employer unlawfully discriminated against her because of her sex, race, national origin, and age, and unlawfully retaliated against her for complaining about it.  Lau v. Abbott Laboratories, 2019 IL App (2d) 180456 (Second Dist. April 2, 2019).  The IHRA is an Illinois anti-discrimination statute that contains the same employee protections as the federal anti-discrimination statutes (as well as some additional protected classifications that are not covered by the federal laws).  Illinois courts interpreting the IHRA are guided by federal case law interpreting the federal anti-discrimination laws.  The same legal standards and proof paradigms apply.

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