Background
Russia Brown, a bus operator for the Chicago Transit Authority, identified as a man after previously identifying as a woman. Brown requested leave under the Family and Medical Leave Act for back pain but failed to properly report the absences to the third-party administrator, ReedGroup, for twenty-four days. The CTA terminated Brown for falsification of leave records. Brown sued the CTA and the union, alleging transgender discrimination and retaliation under Title VII, interference and retaliation under the FMLA, and a violation of the Equal Protection Clause.
The court’s reasoning
The Seventh Circuit affirmed the summary judgment, finding Brown failed to meet his burden of production. The court held that Brown violated local rules by failing to cite specific record evidence for his factual assertions. Regarding Title VII claims, Brown failed to identify a valid comparator who was treated more favorably and provided no evidence that the employer’s reason for termination was pretextual. For retaliation claims, the court found the multi-year gap between Brown’s protected activity and his discharge was too long to support an inference of causation. Similarly, for FMLA claims, Brown failed to show he was entitled to leave because he did not complete the required third medical assessment.
Summary judgment is the put up or shut up moment in litigation.
Delapaz v. Richardson, 634 F.3d 895, 900 (7th Cir. 2011)
What it means going forward
Employers and unions are reminded that plaintiffs must strictly adhere to local rules for substantiating facts at summary judgment. The decision reinforces that temporal gaps of years between protected activity and adverse actions generally defeat retaliation claims absent other evidence of causation.