Author Darcy Proctor

Firefighter’s Monell and Title VII Retaliation Claims Against City Tossed Out of Court

On June 15, 2023, in Michelle Giese v. City of Kankakee, the Seventh Circuit Court of Appeals ruled in favor of the City of Kankakee in a federal civil rights lawsuit. Plaintiff, Michelle Giese, a lieutenant in the fire department,… Continue Reading →

Denial of FMLA Benefits is Not Required to Prove FMLA Interference Claim

In Ziccarelli v. Dart, 35 F. 4th 1079 (7th Cir. 2022), the Court of Appeals held that employers may violate the Family and Medical Leave Act (“FMLA”) by simply discouraging employees from exercising their rights under the FMLA without actually… Continue Reading →

Fitness-For-Duty Exam For Public-Safety Employee Upheld By Federal Court

Recently, in Christopher See v. Illinois Gaming Board, 2022 WL 831601, the Seventh Circuit Court of Appeals tossed out a federal lawsuit alleging First Amendment retaliation under 42 U.S.C. §1983 and discrimination in violation of the Americans with Disabilities Act (“ADA”)…. Continue Reading →

Supreme Court Rules Student Off-Campus Speech Protected By First Amendment

In a decision earlier last week, in Mahanoy Area School District v. B.L., the U.S. Supreme Court ruled that a student cheerleader’s off-campus F-bombs about her school is protected speech under the First Amendment. The speech involved a series of… Continue Reading →

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