Seventh Circuit

Subscribe to Seventh Circuit via RSS

By: Madeline Remish and Erin Dougherty Foley

Seyfarth Synopsis: Accommodation is not a free pass from discipline or termination. In Lewis v. Indiana Department of Transportation, No. 25-1776 (7th Cir. April 22, 2026), the Seventh Circuit reaffirmed that employers do not violate federal anti‑discrimination laws when they terminate an employee with a disability, provided they do so for legitimate…

Continue Reading Accommodation Granted, Termination Upheld: Seventh Circuit Clarifies the Limits of Disability and Retaliation Claims

By Michael W. Stevens

Seyfarth Synopsis:  With Justice Neil Gorsuch joining the Supreme Court in April, and the apparent re-emergence of a 5-4 split, we expect to see the Court issue more expansive opinions and be less reticent to grant certiorari.  The addition of Justice Neil Gorsuch is likely to have particular impact in the field of labor and employment …
Continue Reading Justice Gorsuch Likely To Have Significant Impact on Labor and Employment Cases Before the U.S. Supreme Court

By Sam Schwartz-Fenwick and Kylie Byron

Seyfarth Synopsis: A Seventh Circuit panel’s ruling that Title VII does not cover claims of sexual orientation discrimination will be heard en banc by the Circuit.  Whether an en banc ruling affirms or reverses the panel’s decision, it is likely that this issue will only be resolved with certainty by the Supreme Court.

On…
Continue Reading Seventh Circuit to Re-Hear Case Determining Whether Sexual Orientation Discrimination is Covered By Title VII

By Sam Schwartz-Fenwick and Kylie Byron

Seyfarth Synopsis: The Seventh Circuit has ruled that Title VII does not provide protection from discrimination on the basis of sexual orientation. However, the reasoning behind the Court’s ruling seems calculated to bring the question before the Seventh Circuit on en banc review or before the Supreme Court itself.

In a defeat for proponents…
Continue Reading Seventh Circuit Holds That Title VII Does Not Cover Sexual Orientation

By Gerald L. Maatman, Jr., Sam Schwartz-Fenwick, Michael W. Stevens, and Kylie Byron

As we’ve been reporting in our blogs, the EEOC continues to pursue an expansive theory of discrimination.

It has taken the position that discrimination on the basis of sexual orientation and gender identity is prohibited sex-discrimination under Title VII of the Civil Rights Act…
Continue Reading The EEOC Files Historic Lawsuits Testing Theory That Title VII Covers Discrimination Based On Sexual Orientation

By Sam Schwartz-Fenwick and Kylie Byron

A Judge in the Northern District of Illinois has found that the protections of Title VII of the Civil Rights Act of 1964 do not extend to cases of discrimination on the basis of sexual orientation.

This ruling is in line with longstanding judicial reluctance to expand the scope of Title VII to encompass…
Continue Reading When Will We Know If Title VII Applies To Cases of Sexual Orientation Discrimination?

By: Paul E. Freehling

In a stunning reversal, the Seventh Circuit recently vacated an over $12 million jury verdict against a nursing home and its president, and remanded it to the district court for judgment to be entered in favor of defendants.  U.S. ex rel. Absher v. Momence Meadows Nursing Center, Inc., Nos. 13-1886 and 13-1996 (7th Cir., Aug.
Continue Reading Seventh Circuit Vacates Multi-Million Dollar Jury Verdict Against Nursing Home On Retaliation and Whistleblower Claims; Plaintiffs Seek Rehearing En Banc

By Christine Costantino

Sometimes all you need is a fresh start…or two.  In its third attempt at filing a complaint challenging an inflexible 12-month leave limitation policy, the EEOC injected new life into an ongoing battle against maximum or “no-fault” leave policies by classifying them as impermissible “qualification standards” in violation of the ADA.

Last month, the Chicago-based U.S. District…
Continue Reading Third Time’s the Charm: The EEOC Successfully Asserts Inflexible Leave Policies are Impermissible Qualification Standards under the ADA

By: Condon McGlothlen

“Eighty percent of success is showing up,” according to Woody Allen.  One could quibble with Woody’s figure, but who could disagree with the proposition that being present at work is an essential part of any real job?

Answer: the EEOC, that’s who!  With some increasing frequency, the EEOC has been telling employers and federal judges that…
Continue Reading WHAT A DAY AT WORK! I GUESS YOU HAD TO BE THERE