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Crash landing for aviation worker's retaliation claim

October 2021 employment law letter
Authors: 
Kelly Smith-Haley, Fox, Swibel, Levin & Carroll, LLP

Some employees mistakenly believe every complaint they make to their supervisor or HR constitutes protected activity under Title VII. As one former aviation employee recently learned, there are limits to what constitutes protected activity under the law. Read on to learn why the 7th Circuit rejected the former employee's claim that he was fired in retaliation for his alleged protected activity.

Ready for take-off

Chris Logan worked for the city of Chicago's Department of Aviation, Security and Safety Division as an aviation security officer. In 2016, he confronted his new supervisor, Jeffrey Redding, about Redding's alleged actions towards a woman Logan was dating at the time, Audrey Diamond. Diamond worked for a different employer, the United States Customs and Border Protection. All three of them worked out of O'Hare Airport.

According to Logan, Diamond told him Redding was coming on to her and flirting with her. Logan went to speak to Redding and told him he wanted to discuss a personal matter. Logan told Redding Diamond was his girlfriend and insinuated he shouldn't pursue her because of this.

Over the next several months, Logan was accused of five disciplinary infractions and was suspended from work. He later complained he was being bullied at work after he brought the "personal matter" to Redding's attention. He filed a lawsuit under Title VII against the city claiming he was disciplined in retaliation for his conversation with Redding about Diamond.

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