Gnutek v. Illinois Gaming Board

Dist. Ct. did not err in granting defendant-employer’s motion for summary judgment in plaintiff-employee’s Title VII action, alleging that he was terminated from his Gaming Senior Special Agent position in 2015 in retaliation for his participation in 2006 Title VII lawsuit against defendant, as well as 2006 RICO action and another action alleging Title VII and First Amendment violations against defendant. Defendant explained that plaintiff was terminated because of his off duty involvement in 2014 physical altercation with member of public that led to criminal charges and conviction on Class A misdemeanor battery charge, which, according to defendant, violated provisions in employee handbook that prohibited conduct unbecoming of employee. During resolution of plaintiff’s disciplinary charges, trial court in criminal matter expressed willingness to entertain motion to vacate said conviction if certain conditions were met, but termination decision occurred while plaintiff’s criminal prosecution was still pending. Dist. Ct. could properly find that plaintiff had failed to establish requisite causal connection between his termination and his participation in prior lawsuits against defendant. While plaintiff argued that his termination could not have been based on his 2014 conviction, where defendant was aware of possibility that said conviction would be vacated, record showed that: (1) defendant was accurately informed that vacatur of plaintiff’s conviction was only possibility; and (2) handbook had expansive definition of “conviction,” that included convictions that were subject to alternative sentencing and diversionary programs. Also, disciplinary charge included discipline for conduct unbecoming of employee, which did not depend on existence of conviction, and thus Dist. Ct. could properly find that it was plaintiff’s conduct during physical altercation that resulted in other individual being sent to hospital that formed basis of plaintiff's termination.