00-2708 Johnson v. ITT Industries, Inc.

By: dmc-admin//December 3, 2001//

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“There is nothing unlawful about a leave policy that distinguishes between leave that is due to a court order and leave to enable an employee to engage in private business, including the filing of lawsuits. It would be one thing if an employer deliberately strewed unreasonable obstacles in the path of employees seeking to enforce their rights under Title VII or other employment laws… There is no suggestion of that here, however, and even if there were, it would hardly merit a remedy against an employer who denied leave to an employee who was pursuing frivolous litigation against the employer, just as it is not actionable retaliation to discipline an employee for filing a frivolous charge against the employer.”

Affirmed.

Appeal from the United States District Court for the Northern District of Indiana, Cosbey, Mag. J., Posner, J.

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