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

Collins was a tenured professor at the University. A faculty committee found that Collins had misused grant money by purchasing equipment other than that in his grant proposals and using the equipment for personal purposes and concluded that his actions warranted “dismissal for serious cause” under the Academic Articles incorporated in Collins’s faculty contract. After an internal review, Notre Dame’s president dismissed Collins. Before criminal charges were filed against him, Collins filed suit, alleging breach of contract. Before his guilty plea, the district court granted Collins summary judgment on liability, finding that Notre Dame breached the contract by allowing one faculty member to both play a role in informal mediation and then serve on the hearing committee. The court did not decide whether the committee’s findings amounted to sufficient cause to dismiss a tenured faculty member. After Collins’s 2013 guilty plea to a federal felony charge for theft of government grant funds in this same conduct, Notre Dame re‐instituted Collins’s adjudication and dismissed him again. After the guilty plea, the court reaffirmed its earlier breach of contract finding, held a trial on damages, and awarded Collins $501,367, calculated as his lost compensation from his June 2010 dismissal until his February 2013 conviction. The Seventh Circuit reversed. The contract did not prohibit one faculty member from participating in informal mediation and then serving on the hearing committee and the undisputed facts show “serious cause” sufficient to warrant Collins’s dismissal. View "Collins v. University of Notre Dame Du Lac" on Justia Law

Clark was badly injured as he was getting off a car-crushing machine--a mobile RB6000 Logger/Baler--which was used by his employer, Thornton Auto Crushing. He sued both the crusher’s manufacturer, Sierra, and the company that had leased it to Thornton, River Metals, asserting that they were liable to him under Illinois tort law because it was defectively designed. The district court granted summary judgment in both defendants’ favor after striking the testimony from Clark’s expert. The Seventh Circuit affirmed. The district court’s decision to exclude the testimony represented a reasonable assessment of the proposed evidence. It found the expert’s methodology to be unclear and conclusory. There was no need for a hearing; the report was just five pages long, including the expert’s discussion of the facts, his description of the machine, and his recitation of the Operator’s Manual. His analysis covers one page and misstates a standard concerning equipment safeguards. The case was not one that could be decided based on common experience. View "Clark v. River Metals Recycling, LLC" on Justia Law

Fields, an African-American woman, was an Edgebrook teacher since 2002. Weiden became Edgebrook’s principal in 2013; he required teachers to submit lesson plans. He informed Fields that her plans were too scripted. During observations, he noted often that Fields’s teaching was disconnected from her lesson plans and that students were not engaged. Fields refused assistance. Chicago Public Schools rated Fields’s job performance as “developing.” Fields did not attend an evening “open house” and did not inform the administration that she would not attend and did not attend a mandatory “professional development session.” Fields did not submit timely field trip forms and did not attend a “principal‐directed preparation period.” She failed to turn in lesson plans and failed to properly notify the school about requested leave. When Fields accrued three performance improvement plans, she faced possible disciplinary action. In mediation, the Board suggested that Fields could retire with a “do not rehire” designation. Fields received no discipline but took a leave of absence under the Family and Medical Leave Act. She retired in 2016 at age 63, without returning to work. Fields sued Weiden and the Board of Education for racial and age discrimination, with a retaliation claim. The Seventh Circuit affirmed summary judgment for the defendants. Fields could not show that she suffered an adverse employment action; she was not constructively discharged. She did not establish that anything other than job performance was behind the defendants’ actions. View "Fields v. Board of Education of the City of Chicago" on Justia Law

American Airlines hired Bilinsky in 1991. Bilinsky contracted multiple sclerosis (MS) in the late 1990s. In 2007 she became a communications specialist in the Flight Service Department, located in Dallas. According to Bilinsky’s medical records, excessive heat aggravates her MS, so American permitted Bilinsky to work from Chicago. She usually traveled to Dallas one day per week for tasks that required a physical presence. Bilinsky performed successfully for several years. American merged with US Airways in 2013. Under the new circumstances, the company decided to require all employees to be physically present at headquarters. This decision affected two other employees: one relocated to Dallas, but the other refused and was terminated. Negotiations between American and Bilinsky collapsed; American terminated Bilinsky. The district court, on summary judgment, rejected Bilinsky’s Americans with Disabilities Act (42 U.S.C. 12111) lawsuit, finding that Bilinsky was no longer qualified for the position because of the changes in her responsibilities. The Seventh Circuit affirmed. Although the change was slow and was not reflected in a written job description, the merger fundamentally changed the position’s nature. Consistent, physical presence became an essential function at some point after 2013. Bilinsky’s team evolved from working on independent activities (curating website content, responding to written questions, etc.) to team‐centered crisis management activities, involving frequent face‐to‐face meetings on short notice. View "Bilinsky v. American Airlines, Inc." on Justia Law

Orland Park fired police officer McGreal in 2010. McGreal sued, alleging that his termination was retaliation for remarks he made community board meeting. The district court granted the defendants summary judgment, finding that McGreal had advanced only speculation to support his claims. McGreal had more than 70 disciplinary complaints on his record. The Seventh Circuit affirmed. The district court granted the defendants’ motion for attorney fees and directed McGreal’s attorney, DeRose, to pay the defendants $66,191.75 to the defendants--the cost incurred because DeRose fought the defense's summary judgment motion. The Seventh Circuit affirmed. Defense counsel had repeatedly requested that DeRose end the litigation, pointing out the lack of evidence, and had threatened Rule 11 sanctions. DeRose’s summary judgment filings were not well grounded in fact or warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law. Discovery revealed an utter lack of evidentiary support for McGreal’s claims, but DeRose defended against summary judgment anyway. View "McGreal v. Village of Orland Park" on Justia Law

Freeman, an African-American, began as an "at will" probationary treatment plant operator, collecting and transporting water samples across the mile-long plant. Although operators typically transport these samples in District-owned vehicles, the job description does not require a driver’s license. Three months after Freeman was hired, he was arrested for driving under the influence of alcohol, His license was suspended for six months. Freeman began seeing a substance-abuse counselor. As required by his contract, he told the District about the license suspension and his counseling. He bought a bike and a cooler to transport samples and asked whether he could use a go-cart, which does not require a driver’s license on private property. The District refused to approve a state-approved occupational driving permit that would permit him to drive a company vehicle while working. The District fired Freeman, asserting “unsatisfactory performance.” Freeman alleges that the real reason for his firing was his race and because the District regarded him as an alcoholic. Each of four court-recruited attorneys moved to withdraw. The court dismissed his claims of race and disability discrimination and of retaliation, 42 U.S.C. 1981, 1983; Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e-2; and under the Americans with Disabilities Act, 42 U.S.C. 12112. The Seventh Circuit vacated in part. Freeman adequately pleaded his discrimination claims. The court affirmed with respect to Freeman’s Monell contention that the District fired him pursuant to an unlawful policy. View "Freeman v. Metropolitan Water Reclamation District of Greater Chicago" on Justia Law

Under the Illinois Biometric Information Privacy Act, before obtaining any fingerprint, a “private entity” must provide the subject or “the subject’s legally authorized representative” with certain written information and obtain the consent of the subject or authorized representative, 740 ILCS 14/15(b). The private entity must make available to the public a protocol for retaining and handling biometric data and follow rules regarding the destruction of the data. Private entities must protect biometric information from disclosure. Both Southwest and United Airlines maintain timekeeping systems that require workers to clock in and out with their fingerprints. Plaintiffs contend that the airlines implemented these systems in violation of the Act. The airlines contend that the plaintiffs’ unions consented. Plaintiffs argued that a judge should resolve their contentions. The airlines claimed that resolution belongs to an adjustment board under the Railway Labor Act (RLA), 45 U.S.C. 151–88, which applies to air carriers. The Seventh Circuit held that dispute about the interpretation or administration of a collective bargaining agreement must be resolved by an adjustment board under the RLA. Unions in the air transportation business are the workers’ exclusive bargaining agents. Illinois cannot and did not remove a topic from the union’s purview. Its statute provides that a worker or an authorized agent may receive necessary notices and provide consent. Whether the unions did consent or grant authority through a management-rights clause, is a question for an adjustment board. View "Miller v. Southwest Airlines Co." on Justia Law

Firefighter Mollet became a battalion chief in 2009. His relationships with chief Cohn and assistant chief Weber were strained. One night, firefighter Hernandez forgot to stow his gear. Other firefighters displayed the items and posted a paper sign with a Mexican flag and the words “Border Patrol.” Hernandez did not file a complaint but another firefighter reported it. Mollet emailed Cohn and Weber, who agreed “that this crosses the line of firehouse hazing” and asked Mollet to investigate. Four individuals were eventually disciplined. In the following months, Cohn and Weber were critical of Mollet’s performance on multiple occasions and stated that he might be demoted or reassigned. Mollet received an offer of employment from another department. Cohn and Weber indicated that he would be demoted if he did not take that position. Mollet told Weber he was going to accept the offer, which was contingent upon his passing a physical and psychological exam. Cohn sent a letter accepting Mollet’s resignation; Mollet responded he would not resign until the contingencies were met. Cohn responded that Mollet’s employment had terminated. Mollet was placed on paid leave until he submitted his resignation and began his new employment. Mollet filed suit, 42 U.S.C. 2000e, alleging he was retaliated against for opposing workplace discrimination. The Seventh Circuit affirmed summary judgment rejecting the claim; no reasonable trier of fact could find that reporting the Hernandez incident was the but-for cause of Mollet’s constructive discharge. View "Mollet v. City of Greenfield" on Justia Law

Richardson began working for CTA in 1993. Richardson weighed 350 pounds in January 2005 and weighed 566 pounds in May 2009. Richardson suffers from hypertension and sleep apnea. In 2010, Richardson was absent from work because he had the flu. CTA’s medical provider documented that could not return to work until he controlled his blood pressure. CTA transferred Richardson to Temporary Medical Disability. When Richardson was physically fit to work, he had to be cleared for safety because CTA bus seats are not designed for drivers weighing over 400 pounds. Assessment instructors noted that: Richardson had his foot on the gas and brake at the same time; Richardson was unable to make hand-over-hand turns; Richardson’s leg rested close to the door handle; Richardson could not see the floor from his seat; part of Richardson’s body hung off his seat and the seat deflated when Richardson sat. Richardson was “sweating heavily,” needed to lean onto the bus for balance, and had a “hygiene problem.” CTA proposed to return Richardson to disability to work with doctors to lose weight; Richardson would release his ability to bring various claims. Richardson refused. In 2012, CTA terminated his employment. The district court rejected Richardson’s claim under the Americans with Disabilities Act, 42 U.S.C. 12101–12213. The Seventh Circuit affirmed; extreme obesity only qualifies as a disability under the ADA if it is caused by an underlying physiological disorder or condition. Richardson offered no such evidence. View "Richardson v. Chicago Transit Authority" on Justia Law

From 2007-2016, Trujillo worked as a manager of several Ashley Furniture HomeStores in the Chicago area. These stores were owned and operated by Rockledge Furniture LLC, a Wisconsin limited liability company associated with Ashley Furniture Industries, Inc., a Wisconsin corporation. Trujillo was fired and then filed a charge with the Equal Employment Opportunity Commission alleging age discrimination and retaliation. In the charge, he listed the name of the Illinois store where he had worked— Ashley Furniture HomeStore, with the address and telephone number of the store. The correct legal name of Trujillo’s employer, however, was Rockledge Furniture LLC. The district court dismissed Trujillo’s claims for failure to exhaust administrative remedies because he did not name his employer sufficiently and because the EEOC never managed to notify the correct employer of Trujillo’s charge. The Seventh Circuit reversed. Trujillo named his employer sufficiently in his original EEOC charge, and when his lawyer later sent his pay stub with Rockledge’s name and address, he removed any doubt about the employer’s identity. The EEOC’s error in processing his charge does not bar Trujillo from suing his employer. View "Trujillo v. Rockledge Furniture" on Justia Law