Chicago shareholders Paul O'Grady, David Flynn, Dominick Lanzito and Ari Scharg recently obtained summary judgment on behalf of the Will County Sheriff's Office and four Sheriff's Office employees that were sued individually. The plaintiff filed the lawsuit in the Northern District of Illinois Federal District Court under Section 1983 and Title VII.
In the case, the plaintiff, a Deputy Sheriff, claimed gender discrimination, retaliation, and violation of her First Amendment right to free speech after she was placed on paid administrative leave while being investigated by the Sheriff's Office for misconduct. Defendants successfully defeated the claims by arguing that there was no evidence that the plaintiff was treated differently from other 'similarly situated' male employees and that the plaintiff's speech was not constitutionally protected. In addition to granting summary judgment, the court agreed with the defendants' position that placement on paid administrative leave does not constitute an 'adverse employment action.' The court's language on this issue will be useful persuasive authority in many future employment cases.
