Gordon v. FedEx Freight, Inc.
674 F.3d 769
7th Cir.2012Background
- Gordon, an OS&D clerk at FedEx East Moline, injured her wrist on Oct 14, 2008 and was hospitalized;
- FedEx implemented a nationwide reduction in force and initially planned to eliminate a full-time supervisor position at East Moline;
- The decision to eliminate the OS&D clerk role aimed to preserve the number of supervisors, with McDaniel absorbing Gordon's duties;
- Gordon returned from medical leave on Nov 11, 2008 and was terminated that day;
- Gordon filed a workers' compensation claim on Dec 15, 2008 and a subsequent wrongful-termination suit in July 2009;
- The district court granted FedEx summary judgment, which the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Gordon exercised a right under IWCA | Gordon sought medical treatment, satisfying IWCA exercise | No IWCA exercise before termination; claim improper | Gordon exercised a right under IWCA (via seeking medical care) |
| Whether there is a causal link between IWCA exercise and termination | Temporal proximity and plan changes show retaliation | FedEx had legitimate cost-cutting reasons; no pretext shown | No genuine issue of material fact; FedEx's reasons are legitimate |
| Whether FedEx's elimination of Gordon's role was a legitimate nondiscriminatory reason | Duties were absorbed by others with no necessity for termination | Elimination due to cost-cutting; plan preserved supervisor count | FedEx presented a legitimate nondiscriminatory reason; no pretext |
Key Cases Cited
- Palmateer v. Int'l Harvester Co., 85 Ill.2d 124 (1981) (IWCA retaliation standard source; early Illinois authority)
- Kelsay v. Motorola, Inc., 74 Ill.2d 172 (1978) (elements of IWCA retaliation claim)
- Richardson v. Ill. Bell Tel. Co., 156 Ill.App.3d 1006 (1987) (preemption via intent to pursue relief under IWCA; retaliation context)
- Hinthorn v. Roland's of Bloomington, Inc., 119 Ill.2d 526 (1988) (requesting medical attention as exercise of IWCA rights)
- Hartlein v. Ill. Power Co., 601 N.E.2d 720 (1992) (employer motive inquiry in retaliation analysis; not mere McDonnell Douglas)
- Davis v. Time Warner Cable of Se. Wis., L.P., 651 F.3d 664 (7th Cir. 2011) (temporal proximity as evidentiary aid, not sole proof of causation)
- Roger v. Yellow Freight Sys., Inc., 21 F.3d 146 (7th Cir. 1994) (causation standard in IWCA retaliations; burden on employee to show improper motive)