10-2729 Zellner v. Herrick

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Employment
Public employees

Where a teacher used school computers to access pornography, summary judgment was properly granted to the school district on his claim that he was terminated for engaging in union activity.

“Zellner argues that the history of animosity between the Union and the District—culminating in the December 15 publication of the Milwaukee Journal Sentinel article, in which Zellner was critical of the District—is ample support that ‘but for’ his union activities he would not have been terminated. But ‘the fact that a plaintiff’s protected speech may precede an adverse employment decision alone does not establish causation.’ Mullin v. Gettinger, 450 F.3d 280, 285 (7th Cir. 2006). While it is abundantly clear that the relationship between the Union and the District was contentious, combative, and miserable, and that Zellner and the District played a central role in the relationship, Zellner ignores the discovery of his November 6 Google Image search. It is undisputed that the search violated the District’s Policy, that Zellner admitted that he performed the search, and that he knew he violated the Policy. Accordingly, the School Board had a legitimate, non-discriminatory reason to terminate Zellner’s employment.”

Affirmed.

10-2729 Zellner v. Herrick

Appeal from the United States District Court for the Eastern District of Wisconsin, Randa, J., Evans, J.

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