Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Richard Schneiter, a long-time employee of the Wisconsin Department of Corrections, was terminated after the Milwaukee Journal Sentinel reported that he had posted offensive memes on his private Facebook page. These posts were derogatory towards Muslims, blacks, liberals, and the LGBTQ community. The Department of Corrections initiated an investigation and concluded that Schneiter's posts created security concerns, diminished public trust, and questioned his ability to perform his duties without bias.The United States District Court for the Western District of Wisconsin granted summary judgment in favor of the defendants. The court applied the balancing test from Pickering v. Board of Education and determined that the Department's interests as a public employer outweighed Schneiter's free speech interests. The court also found that Schneiter had received adequate notice and an opportunity to be heard, thus dismissing his due process claim.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the lower court's decision. The appellate court held that the Department's interests in maintaining security, discipline, and public trust in its correctional facilities outweighed Schneiter's interest in posting the memes. The court emphasized the deference given to law enforcement and correctional agencies in assessing the disruptive nature of an employee's speech. Additionally, the court rejected Schneiter's due process claim, stating that public employers are not required to have specific social media policies before disciplining employees for social media activities that interfere with their job duties. Schneiter's argument of bias in the disciplinary process was also dismissed due to lack of evidence. View "Schneiter v. Carr" on Justia Law

Univar Solutions USA Inc. entered into a collective bargaining agreement (CBA) with Teamsters Local Union No. 283 in 2016, which required Univar to make pension contributions to a multiemployer pension fund. The CBA included an evergreen clause, automatically renewing the agreement annually unless either party provided notice of termination. In 2020, the parties extended the CBA by one year. Before the new expiration date, Univar sent a notice proposing modification or termination of the agreement and later entered a successor agreement allowing it to withdraw from the Fund and cease contributions. The Fund sued, claiming Univar's notice was too ambiguous to terminate the agreement.The United States District Court for the Northern District of Illinois ruled in favor of the Fund, finding that the 2020 extension did not prevent the CBA from automatically renewing under the evergreen clause. The court also found Univar's January 2021 letter insufficient to terminate the agreement, concluding that the CBA remained in effect through March 28, 2022. Consequently, the court granted summary judgment to the Fund, ordering Univar to pay the requested contributions and the Fund's legal fees.The United States Court of Appeals for the Seventh Circuit reviewed the case and disagreed with the district court's findings. The appellate court held that the 2020 extension did not nullify the evergreen clause and that Univar's January 2021 letter provided clear notice of its desire to terminate the CBA. The court concluded that Univar properly terminated the CBA before its expiration date, allowing it to cease contributions as per the successor agreement. The appellate court reversed the district court's summary judgment in favor of the Fund, vacated the award of attorneys' fees, and remanded the case. View "Central States Southeast and Southwest Areas Pensi v Univar Solutions USA Inc." on Justia Law

Christopher Pable, a software engineer with the Chicago Transit Authority (CTA), discovered a cybersecurity vulnerability in the BusTime system, which was developed by Clever Devices, Ltd. Pable reported the vulnerability to his supervisor, Mike Haynes, who tested it on another city's transit system. Clever Devices, which had a significant contract with the CTA, alerted the CTA about the incident, leading to the termination of Pable and Haynes. Pable then sued the CTA and Clever Devices under the National Transit Systems Security Act, alleging retaliation for whistleblowing.The United States District Court for the Northern District of Illinois dismissed Pable's complaint during the discovery phase, citing the deletion of evidence and misconduct by Pable's attorney, Timothy Duffy. The court also imposed monetary sanctions on both Pable and Duffy. The court found that Pable and Duffy had failed to preserve relevant electronically stored information (ESI) and had made misrepresentations during the discovery process.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the district court's decision. The appellate court held that the district court did not abuse its discretion in dismissing Pable's complaint under Federal Rule of Civil Procedure 37(e) due to the intentional spoliation of evidence. The court also upheld the monetary sanctions imposed under Rule 37(e), Rule 37(a)(5), and 28 U.S.C. § 1927, finding that Duffy's conduct unreasonably and vexatiously multiplied the proceedings. The appellate court declined to impose additional sanctions on appeal, concluding that the appeal was substantially justified. View "Christopher Pable v CTA" on Justia Law

Timothy Upchurch, a Black man, has worked at the Indiana Department of Correction’s Correctional Industrial Facility (CIF) for over thirty years. He filed discrimination and retaliation claims under Title VII against the State of Indiana, challenging his demotion from Correctional Lieutenant to Officer, subsequent written reprimands, a suspension, and non-promotions. The district court substituted the Indiana Department of Correction for the State of Indiana as the defendant and granted summary judgment to the Department.The United States District Court for the Southern District of Indiana found insufficient evidence of race discrimination or retaliation to support Upchurch's claims. Upchurch appealed, challenging the substitution of the Department for the State as the defendant and the summary judgment decision.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court agreed with the district court that the Indiana Department of Correction was the proper defendant under Title VII, as it had actual hiring and firing responsibility. The court also reviewed the grant of summary judgment de novo, finding that the Department provided nondiscriminatory explanations for its actions, and Upchurch failed to show these explanations were pretextual. The court noted that Upchurch did not provide sufficient evidence to support his claims of race discrimination or retaliation, including failing to show that comparators were similarly situated or that the Department's actions were motivated by his race or complaints about discrimination.The Seventh Circuit affirmed the district court's judgment, concluding that no reasonable jury could find that race discrimination or retaliation motivated the adverse employment actions against Upchurch. View "Upchurch v. Indiana" on Justia Law

Clinton Mahoney, the sole member and manager of Mahoney & Associates, LLC, signed an agreement obligating the company to contribute to the Railroad Maintenance and Industrial Health and Welfare Fund, an employee benefit fund. When the Fund could not collect delinquent contributions from Mahoney & Associates, it sued Mahoney personally, citing a personal liability clause in the agreement. The district court granted summary judgment to the Fund, concluding that Mahoney was personally liable based on the clause.The United States District Court for the Central District of Illinois initially entered judgment on July 31, but it did not comply with Federal Rule of Civil Procedure 58. Mahoney filed a notice of appeal on September 26, and the district court later entered a corrected judgment on October 11. Mahoney filed a second notice of appeal the same day. The district court had awarded the Fund attorneys’ fees based on the trust agreement.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo. The court found that there was a genuine dispute of material fact regarding Mahoney’s intent to be personally bound by the trust agreement, as he signed the memorandum in a representative capacity, which conflicted with the personal liability clause. The court concluded that this issue could not be resolved at summary judgment. The court also addressed Mahoney’s laches defense but found it waived due to his failure to address relevant complications. Consequently, the Seventh Circuit reversed the district court’s grant of summary judgment and vacated the award of attorneys’ fees, remanding the case for further proceedings. View "Railroad Maintenance and Industrial Health & Welfare Fund v. Mahoney" on Justia Law

Kara Mitchell, a laboratory technician at Exxon Mobil Corporation, was terminated in 2020 after a little over a year of employment. ExxonMobil claimed her termination was due to poor performance compared to her peers in the company's annual employee assessment process. Mitchell alleged that her termination was due to sex discrimination and sued the company under Title VII of the Civil Rights Act of 1964.The United States District Court for the Northern District of Illinois granted summary judgment in favor of ExxonMobil, concluding that Mitchell failed to provide sufficient evidence to support her claim of sex discrimination. Mitchell appealed the decision.The United States Court of Appeals for the Seventh Circuit reviewed the case and upheld the district court's decision. The appellate court found that Mitchell did not present enough evidence to show that she was treated less favorably than similarly situated male employees. The court noted that Mitchell's comparators, two male lab technicians, were not similarly situated because they were not part of the same assessment group. Additionally, the court found that Mitchell failed to prove that ExxonMobil's reason for her termination was pretextual.The Seventh Circuit also considered Mitchell's argument under the holistic approach articulated in Ortiz v. Werner Enterprises, Inc., but concluded that there was no evidence of a pattern or practice of sex discrimination at the Cicero plant. The court affirmed the district court's grant of summary judgment to ExxonMobil, finding that no reasonable jury could conclude that Mitchell was terminated because of her sex. View "Mitchell v Exxon Mobil Corp." on Justia Law

Lisa Johnson and Gale Miller Anderson, former Amazon warehouse employees, alleged that Amazon violated federal and Illinois wage laws by not compensating them for time spent in mandatory pre-shift COVID-19 screenings. These screenings, which included temperature checks and symptom questions, took 10-15 minutes on average and were required before employees could clock in for their shifts. Johnson and Miller Anderson argued that this time should be compensable as it was necessary for their work and primarily benefited Amazon by ensuring a safe workplace during the pandemic.The United States District Court for the Northern District of Illinois dismissed their claims under the Fair Labor Standards Act (FLSA) and the Illinois Minimum Wage Law (IMWL). The court found that the FLSA claims were barred by the Portal-to-Portal Act of 1947 (PPA), which excludes certain pre-shift activities from compensable time. The district court also concluded that the IMWL claims failed because it assumed the IMWL incorporated the PPA’s exclusions.On appeal, the United States Court of Appeals for the Seventh Circuit reviewed whether the IMWL incorporates the PPA’s exclusions for compensable time. The court noted the lack of Illinois state court decisions directly addressing this issue and found the arguments from both parties plausible. To resolve this important and unsettled question of state law, the Seventh Circuit decided to certify the question to the Illinois Supreme Court, seeking a definitive answer on whether the IMWL includes the PPA’s limitations on pre-shift compensation. The court stayed further proceedings pending the Illinois Supreme Court's decision. View "Johnson v. Amazon.com Services LLC" on Justia Law

James Reilly, a deputy in the Will County Sheriff's Office, alleged that his employer and Sheriff Michael Kelley retaliated against him for criticizing Kelley during a 2018 election campaign by not promoting him to sergeant. Reilly filed his complaint over two years after his eligibility for promotion expired. The defendants moved to dismiss the complaint, arguing it was untimely. The district court agreed, granted the motion to dismiss, and entered judgment in favor of the defendants. Reilly then requested the district court to set aside its judgment and allow him to amend his complaint, but the court denied this request, applying a heightened standard and requiring extraordinary circumstances for relief.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that the district court had mistakenly applied a heightened standard to Reilly's Rule 59(e) motion instead of the liberal standard for amending pleadings. The appellate court concluded that Reilly's proposed amended complaint stated a plausible claim for relief and that he had not pled himself out of court based on the statute of limitations. The court noted that Reilly's claim could not be conclusively determined as time-barred at this stage and that the defendants could raise the statute of limitations defense later in the case on a more complete factual record.The Seventh Circuit vacated the district court's judgment and remanded the case for further proceedings, allowing Reilly to proceed with his amended complaint. View "Reilly v Will County Sheriff's Office" on Justia Law

David Bourke, a disabled employee of the U.S. Department of Veterans Affairs (VA), was granted a reserved parking space near his workplace to accommodate his disability. However, during the COVID-19 pandemic, the VA implemented new measures that required employees to enter through designated entrances for screening, which made Bourke's reserved parking spot unusable. The VA offered Bourke an alternate parking space near Building 1, which included a secluded storage area for his mobility scooter. Bourke declined this accommodation, fearing his scooter could be stolen, and sued the VA under the Rehabilitation Act of 1973.The United States District Court for the Northern District of Illinois granted summary judgment in favor of the VA. The court found that the alternate accommodation offered by the VA was reasonable and that there was no significant risk of Bourke's scooter being stolen. The court also rejected Bourke's argument that the VA could not alter his accommodation in response to changing circumstances, such as the pandemic.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo. The court held that the VA's alternate accommodation was reasonable, as it allowed Bourke to perform his job functions while complying with COVID-19 prevention measures. The court noted that an employer is not required to provide the specific accommodation requested by an employee, but rather a reasonable one. The court also found that the VA's actions did not violate the Rehabilitation Act, as the alternate accommodation was sufficient to meet Bourke's needs during the pandemic. Consequently, the Seventh Circuit affirmed the district court's grant of summary judgment in favor of the VA. View "Bourke v. Collins" on Justia Law

Marissa Darlingh, a guidance counselor at an elementary school in the Milwaukee Public School District, attended a rally in April 2022 where she delivered a profanity-laden speech denouncing gender ideology and transgenderism. She identified herself as a school counselor and vowed that no student at her school would transition under her watch. After a video of her speech was posted on YouTube, school officials investigated and eventually fired her for violating employment policies, including using abusive language and undermining the district's mission to provide an equitable learning environment.The United States District Court for the Eastern District of Wisconsin, with a magistrate judge presiding, applied the Pickering balancing test and concluded that the school district's interests as a public employer outweighed Darlingh's speech rights. The judge denied her request for a preliminary injunction and dismissed her First Amendment claim.The United States Court of Appeals for the Seventh Circuit reviewed the case and affirmed the lower court's decision. The court held that while Darlingh spoke on a matter of public concern, her speech was incompatible with her role as a school counselor. The court emphasized that her extreme vulgarity and belligerent tone diminished her First Amendment interests. Additionally, her role required a high degree of public trust, and her speech conflicted with the school district's obligation to provide a supportive educational environment. The court concluded that the school district's interests outweighed Darlingh's free-speech rights, and her speech fell outside the scope of First Amendment protection in the public-employment context. View "Darlingh v Maddaleni" on Justia Law