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

Love, who is African-American, was dismissed from the Milwaukee city hall renovation site, where he worked as a foreman, after a physical altercation with another worker. Cullen was the general contractor; Cullen’s subcontractor (Matthews) employed Union Contracting, which employed Love. Love brought a Title VII action against Cullen, alleging that his dismissal was racially motivated. Union, which had no contractual relationship with Cullen, paid Love’s salary and provided all other benefits, set Love’s hours, and passed Cullen’s instructions on to Love. Cullen only gave specific directions if it reviewed a finished product and found it unsatisfactory. In the event of “serious incidents” involving threats to workplace safety or productivity, Cullen retained the right to investigate its subcontractors’ employees, discipline them, and permanently remove them from the job site. According to Love, there was another physical altercation between two Caucasian workers at the site that resulted in no significant disciplinary action. The district court concluded that Love failed to demonstrate an “indirect” employment relationship and granted Cullen summary judgment. The Seventh Circuit affirmed. While Cullen’s involvement in Love’s dismissal was relevant to their relationship, it was not enough to overcome other factors. Cullen, in the aggregate, exercised very little control over Love. View "Love v. JP Cullen & Sons, Inc." on Justia Law

Carter, an African-American male, holds an MBA and is a CPA. CSU’s College of Business hired him in 1986 as a temporary assistant professor. In 1992, CSU granted Carter tenure and promoted him to associate professor. In 1995-1996, he was department chair until he was removed by the university president. In 2006-2007, Carter was dissatisfied with his teaching assignments. Beginning in January 2007, Carter called in sick every Thursday. Carter blamed CSU’s failure to accommodate his sleep apnea. CSU’s Assistant Vice President recommended that Carter be sanctioned. Carter sued, alleging discrimination on the basis of race, gender, and disability. The district court entered partial summary judgment against Carter; the parties settled the remaining claim. On January 22, after the start of the spring 2008 semester, Carter requested FMLA leave to care for his mother. CSU granted the request. When Carter returned on March 20, CSU assigned him non-teaching duties for the remainder of the semester. His supervisor, Simyar was not willing to recommend Carter as Department Chair. The president had previously rejected candidates for other chair positions because they lacked terminal degrees, but at least three other chairs did not have PhDs at the time. Carter sued, alleging retaliation in violation of the FMLA and the Civil Rights Act of 1866. The Seventh Circuit affirmed dismissal; a reasonable jury could not have concluded that the person chosen as Chair was no more qualified than Carter. View "Carter v. Chicago State Univ." on Justia Law

Ledbetter, a black male, filed suit under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. 1981 against his former employer, Good Samaritan Ministries of Carbondale, Illinois, a tax-exempt nonprofit organization that provides services to needy people. The suit charged retaliation for Ledbetter’s having filed a charge of racial discrimination and of retaliation with the EEOC. Ledbetter had been warned, based on complaints by shelter residents and co-workers about alleged intimidation and threats. The district court granted summary judgment in favor of the defendants. The Seventh Circuit reversed, finding too many " loose ends" for summary judgment. View "Ledbetter v. Good Samaritan Ministries" on Justia Law

Jones, a United Airlines flight attendant, was fired for misconduct. He sued his union, claiming that because of racial animus and his complaints about discrimination, the union had not fairly represented him, 42 U.S.C. 1981, 2000e-2(c), 2000e-3(a). As part of a settlement, the union agreed to challenge his discharge before the System Board of Adjustment. Jones agreed to dismiss his lawsuit with prejudice. The settlement does not provide for continuing federal court jurisdiction. Both signed a stipulation of dismissal (FRCP 41(a)(1)(A)(ii)). Two weeks later, Jones filed his first pro se submission: a two-sentence request to discharge Jones’s recruited lawyer and to return his suit to the district judge. Next, he asked that his lawsuit be reinstated and that a “default judgment” be entered against the union, although it was pursuing a grievance, as promised. Finally, Jones submitted his “motion to establish court’s jurisdiction.” The magistrate to whom the case had previously been assigned rejected all three for lack of jurisdiction. The Seventh Circuit dismissed, reasoning that Jones’s submission was not part of the litigation covered by the parties’ consents, so the magistrate did not have authority to issue a dispositive ruling. Jones was bringing a new lawsuit. The magistrate could dispose of that new action only if assigned by a district judge and the parties furnished new consents. View "Jones v. Asso'n of Flight Attendants-CWA" on Justia Law

Miller, an African-American male, worked as a cook for Hospitality’s Sparx Restaurant. Miller became assistant kitchen manager and was a satisfactory employee. On October 1, 2010, Miler discovered racially offensive pictures at the kitchen cooler. Miller lodged a complaint. Two employees admitted responsibility. The manager agreed that the posting was a termination-worthy offense, but one offender was given a warning and the other was not disciplined. Soon after Miller’s complaint, supervisors began to criticize Miller’s work performance. Sparx fired Miller on October 23, 2010. The EEOC filed suit on Miller’s behalf under Title VII, 42 U.S.C. 2000e-2(a), 3(a). Before trial, Sparx had closed and Hospitality had dissolved. The court concluded that successor corporations could be liable. The jury awarded $15,000 in compensatory damages on the retaliation claim. The EEOC sought additional remedies. The district court denied the front-pay request but awarded Miller $43,300.50 in back pay (and interest) plus $6,495.00 to offset impending taxes on the award; enjoined the companies from discharging employees in retaliation for complaints against racially offensive postings; and required them to adopt policies, investigative processes, and annual training consistent with Title VII. The Seventh Circuit affirmed with respect to both successor liability and the equitable remedies. View "Equal Emp't Opportunity Comm'n v. N. Star Hospitality, Inc" on Justia Law

For 13 years Sklyarsky worked as a custodian at a Chicago office building, through different employers. In 2010, new supervisors began disciplining Sklyarsky. He complained to the Equal Employment Opportunity Commission and the Illinois Department of Human Rights that the company was treating him unfairly because of his Ukrainian national origin. Sklyarsky was fired in 2013, and after exhausting administrative remedies, filed a pro se lawsuit under 42 U.S.C. 1981, 2000e-2, e-3, e-5(f).1 During discovery Sklyarsky, an experienced pro se litigant, concluded that the building’s management company had been involved in the discrimination and sought leave to join it as a defendant. Judge Kocoras denied that motion, telling Sklyarsky that Means-Knaus had “nothing to do with the employment contract” and that, if he wanted to sue MeansKnaus, he would have to file a separate action. Sklyarsky did that. Judge Gottschall, assigned to the new suit against Means-Knaus, screened Sklyarsky’s pro se complaint and dismissed it sua sponte, 28 U.S.C. 1915(e)(2)(B), finding that the doctrine of claim preclusion foreclosed a separate suit. Judge Kocoras refused to reconsider and entered summary judgment in favor of the employer. In consolidated appeals, the Seventh Circuit affirmed, holding that any procedural missteps were harmless. View "Sklyarsky v. Harvard Maint., Inc." on Justia Law

A woman of Sudanese extraction, the plaintiff worked in Jeffboat’s shipyard in Jeffersonville, Indiana as a welder from 2006 until she was laid off in 2011. She had been u a welder first class, doing the most difficult and dangerous jobs, such as overhead welding and welding in confined spaces. In a two-week period in June 2011, the plaintiff, who had on 12 previous occasions sought first aid for work-related injuries, experienced two more such incidents, becoming dizzy and nauseous while welding in confined spaces. Jeffboat demoted her to welder third class, reducing her pay from $21.10 per hour to $15.69 per hour. The plaintiff claimed that the company demoted her in retaliation for her having complained to the EEOC the previous February that the company was discriminating against her because of her sex and national origin. She was subsequently laid off, but the layoff was part of a general reduction in force based on seniority and a few months later she was notified that she was being recalled. She failed to reply within the deadline and never returned to work. Her discrimination claims were rejected. The Seventh Circuit affirmed, noting plaintiff's lack of evidence View "Ani-Deng v. Jeffboat" on Justia Law

O’Gorman worked for Chicago from 1996-2007, as a carpenter and later as a General Foreman, placing city orders with Arrow Lumber, owned by Beal. After an investigation following reports from an Arrow employee, O’Gorman was arrested and charged with theft of city property and violations of City Personnel Rules. The city also pursued a civil case under the Illinois Whistleblower Act and the Chicago False Claims Act, which remains pending. The city issued a press release announcing the charges that he had diverted $50,000 in goods for his own use and tried to cover the theft. Beal pled guilty. O’Gorman’s complaint under 42 U.S.C. 1983 alleged that the investigation improperly focused on O’Gorman and protected Arrow and Beal for political reasons and that Beal covered up Arrow’s fraud; that the Human Resources Director informed a union representative that if O’Gorman did not resign he would be fired and that any hearing would be a sham; and that supervisors told him that if he resigned, he would be reinstated once he was acquitted. O’Gorman resigned, was acquitted of all criminal charges, and unsuccessfully requested reinstatement. The district court dismissed. The Seventh Circuit affirmed, finding the termination claims untimely and that there is no property interest in rehiring. View "O'Gorman v. City of Chicago" on Justia Law

The Association of Administrative Law Judges, a union, represents the Social Security Administration’s administrative law judges in collective bargaining pursuant to the Federal Labor-Management Relations Act, 5 U.S.C. 7101. The Association and ALJs employed by the SSA sued, claiming that, by setting a goal that its ALJs decide 500-700 social security disability cases a year, the Administration has interfered with their decisional independence, in violation of the Administrative Procedure Act, 5 U.S.C. 554(d)(2), 3105. The district court dismissed the complaint for want of subject-matter jurisdiction, holding that the Civil Service Reform Act of 1978 precluded resort to the APA by creating remedies for “prohibited personnel practices” taken against federal employees, including “significant change in duties, responsibilities, or working conditions,” 5 U.S.C. 2302(a)(1), (2)(A)(xii), (b). The Seventh Circuit affirmed, holding that the remedy under the Administrative Procedure Act for interference with decisional independence does not extend to the incidental consequences of a bona fide production quota. View "Ass'n of Admin. Law Judges v. Colvin" on Justia Law

Garcia and Salgado, drivers for Latino Express, solicited signatures from other drivers to certify the Union. Owners and managers began efforts to undermine the Union activity and the two were eventually terminated. They filed claims with the NLRB alleging that Latino Express had violated the National Labor Relations Act, 29 U.S.C. 158(a)(1) and (3) by interfering with their organizing activities. The NLRB Regional Director sought interim injunctive relief pending the Board’s remedial action under section 10(j), alleging that Latino created the impression that the union or other concerted activities were under surveillance; granted improved benefits in response to the organizing campaign; instructed employees not to speak with each other about the company’s accident reimbursement policy; announced that union representation was never going to happen; interrogated employees about union activity and threatened discharge; and solicited employee grievances. The Director requested interim reinstatement for Garcia and Salgado. The district court granted relief as requested. Latino sought an extension of time, claiming that its employees had withdrawn their recognition of the union and that a decertification petition was forthcoming. The court found Latino in civil contempt. The Seventh Circuit affirmed, agreeing that the status of the union was irrelevant to compliance. View "Ohr v. Latino Express, Inc." on Justia Law