Davis v. Illinois Department of Human Services

Plaintiffs filed a lawsuit against the Illinois Department of Human Services, alleging that the DHS had interfered with their FMLA-protected rights when it determined that FMLA leave did not cover pregnancy-related morning sickness. The district court dismissed one plaintiff’s claim for lack of standing and granted summary judgment in favor of the defendant on the remaining plaintiff’s claim. The Seventh Circuit affirmed in part and reversed in part, finding that the district court correctly concluded that one plaintiff had failed to establish a concrete injury-in-fact, but that there were disputes as to material fact on the remaining claim. (SCUDDER, concurring and KIRSCH, specially concurring)