Title VII Violation – Retaliation Claim

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7^th Circuit Court of Appeals

Case Name: Michelle Giese v. City of Kankakee

Case No.: 22-2022

Officials: Scudder, St. Eve, and Kirsch, Circuit Judges.

Focus: Title VII Violation – Retaliation Claim

On October 18, 2018, Michelle Giese—a lieutenant in the Kankakee Fire Department (“KFD”)—was attacked by another firefighter while responding to a fire at a senior living facility. The City suspended the other firefighter for twenty-four hours without pay, ordered him to complete an anger management course, and directed him to avoid working on the same shift as Giese for three months. Giese experienced ongoing physical and mental injuries from the incident, causing her to take leave from work and apply for workers’ compensation. She returned to work six months later but permanently left her position shortly after, and sued alleging that the defendants, among other things, retaliated against her for certain protected activities under Title VII and condoned aggressive and inappropriate behaviors as part of a “code of silence” that resulted in her attack. The district court granted summary judgment for the defendants.

Plaintiff’s claim fails because none of her evidence, separately or taken together, creates a genuine dispute regarding whether Defendants had a practice of condoning aggressive behavior, resulting in a constitutional injury.

Affirmed.

Decided 06/15/23

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