Labor & Employment

Representative matters include:

• In cross-appeals, obtained vacatur of damages and attorney fees awards in matter in which former employee alleged that the agency violated his rights to due process by terminating his pension benefits without notice and a hearing.  Further obtained affirmance in the agency’s favor of its right to terminate those benefits due to the employee’s breach of the plan terms.   https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/c294bb74-01d1-4b43-8a55-4cf559c5bb0f/Snow%20v.%20Chicago%20Transit%20Authority,%202022%20IL%20App%20(1st)%20201217.pdf
• Successfully defended dismissal of complaint seeking writ of mandamus in action in which probationary employee sought to enforce rights he claimed under a collective bargaining agreement. The court held that the plaintiff lacked standing to sue to enforce a collective bargaining agreement. Herbst v. City of Chicago, 2021 IL App (1st) 200725-U.
• Obtained judgment notwithstanding the verdict, reversing a $1.6 million jury verdict in a matter brought by an employee who alleged retaliatory discharge under the Illinois Workers Compensation Act and the Americans with Disabilities Act. Hillmann v. City of Chicago, 834 F.3d 787 (7th Cir. 2016).  For coverage, https://www.law360.com/articles/831823/7th-circ-nixes-1-6m-award-in-chicago-worker-firing-suit
• Successfully defended summary judgment on breach of contract and ADEA claims against tenured professor who claimed he was unjustifiably accused of, and discharged for, committing plagiarism.  Roberts v. Columbia College Chicago, 821 F.3d 855 (7th Cir. 2016).
• Successfully defended employer against claim that demotion of African American employee violated Title VII and the Equal Protection Clause.  Bates v. City of Chicago, et al., 726 F.3d 951 (7th Cir. 2013).
• Successfully defended municipality against claims alleging discriminatory hiring policies and practices pursuant to 42 U.S.C. § 1983. Palka v. City of Chicago, 662 F.3d 428 (7th Cir. 2011).
• Affirming summary judgment for defendant based upon res judicata. Court held that res judicata barred the plaintiff’s Title VII lawsuit and pendent state-law claims when he had lost a prior lawsuit brought pursuant to 42 U.S.C. § 1983. Czarniecki v. City of Chicago, 783 F. 3d 545 (7^th 2011).
• Affirming summary judgment in which two police officers alleged the City had violated USERRA.  Defendants were serving in the military at the time the Chicago Police Department administered a promotion test for the rank of sergeant.  In a case of first impression, court held that the USERRA is an anti-discrimination statute, and not an accommodation statute. Sandoval et al. v. City of Chicago, 560 F.3d 703 (7^th Cir. 2009).