Retaliation

Former COO of health firm claims discrimination in firing

January 20, 2017
John Russell, IBJ Staff
A former executive at an Indianapolis-based chain of health clinics says he was fired because of his age, race and national origin, and in retaliation because he stood up for one of his female managers.
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Ex-Supreme Court employee suing high court for discrimination, retaliation

December 28, 2016
Olivia Covington
A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.
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Judge denies summary judgment on claim of sex discrimination by state police

November 28, 2016
Olivia Covington
A federal judge has denied summary judgment in favor of Indiana State Police in a sex discrimination case, finding that a former officer’s evidence in the case creates a factual dispute about her claim that the department decline to hire her for a civilian position after her retirement because she is a woman.
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Auditor says Eskenazi Health fired her for identifying improper billing

November 11, 2016
John Russell, IBJ Staff
A compliance auditor at Eskenazi Health claims she was fired after alerting her supervisor that the hospital was improperly billing the federal government and Indiana for potentially hundreds of patients whose bills were already being paid by research grants.
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ISP officer loses whistleblower appeal

November 2, 2016
Dave Stafford
State workers alleging retaliation for whistleblower activities must first exhaust all administrative remedies before suing, the Indiana Court of Appeals held Wednesday, affirming a trial court ruling against a 27-year Indiana State Police officer.
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Lawsuit: Ex-IU med school official says he was sexually harassed

May 6, 2016
John Russell, IBJ Staff
A former administrator at the Indiana University School of Medicine says he was pressured to resign after complaining about a female administrator he claims sexually harassed him.
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IPFW custodian loses appeal of discrimination, retaliation claims

October 26, 2015
Jennifer Nelson
An Indiana University-Purdue University Fort Wayne custodian who was fired for his role in a physical confrontation with another custodian could not convince the Indiana Court of Appeals that his discrimination and retaliation claims should proceed to trial.
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Ex-Columbus teacher’s FMLA violation claims reinstated

August 25, 2015
Dave Stafford
A Columbus teacher who claimed his contract wasn’t renewed after he missed 23 days of school should have his day in court on his claims that the school system interfered with his rights under the Family Medical Leave Act and retaliated against him.
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Inmate not disadvantaged by appearing at trial by video

June 23, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed Monday that a New Jersey inmate who filed a retaliation lawsuit against officials at an Indiana prison while he was housed there was not disadvantaged when the judge denied his request to be transported to Indiana for the trial. The judge instead ordered he appear by video conferencing.
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Lack of post-verdict motion dooms fired employee’s appeal

February 26, 2015
Jennifer Nelson
The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.
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Civil Rights Commission exceeded authority in upholding complaint

January 6, 2015
Marilyn Odendahl
Finding the Indiana Civil Rights Commission overstepped its authority, the Indiana Supreme Court has vacated the organization’s final order regarding an “intra-group squabble” over a dinner menu.
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Fired DOC counselor’s sex-discrimination claim revived by 7th Circuit

July 22, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals reinstated a former Department of Correction substance abuse counselor’s lawsuit alleging sex-discrimination and hostile work environment, finding she was treated differently as compared to the employee she had an affair with while working at a maximum-security prison.
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Correctional officer fails to support claims of discrimination against employer

February 24, 2014
Marilyn Odendahl
A former officer in the Indiana Department of Correction had her claims of employment discrimination and retaliation rejected by the 7th Circuit Court of Appeals on the grounds she failed to provide supporting evidence.
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Divided court reverses teen’s intimidation adjudication

January 30, 2014
Jennifer Nelson
Split over whether a teen’s threats toward his grandfather were intended to place the man in fear of retaliation for a prior lawful act, two Indiana Court of Appeals judges reversed a teen’s delinquency adjudication for committing intimidation.
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Justices take homeschooling-group expulsion case

October 28, 2013
IL Staff
The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.
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Police officer’s suit alleging retaliation for political comment survives

July 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
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Wal-Mart did not discriminate against pregnant employee, 7th Circuit rules

June 12, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals held that a woman failed to prove her claims of discrimination, retaliation and other complaints against her former employer.
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7th Circuit affirms court in retaliation claim

June 8, 2012
Jenny Montgomery
A man who claimed he was wrongfully terminated in retaliation for claiming racial discrimination at his workplace was fired for just cause, the 7th Circuit Court of Appeals ruled.
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Rolls-Royce must answer federal whistleblower suit on military engines

June 5, 2012
Dave Stafford
Rolls-Royce must answer whistleblowers’ allegations that the company violated manufacturing standards, concealed defects in military aircraft engines, and retaliated against workers who raised concerns, a federal judge ruled Monday.
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Woman can't prove pregnancy discrimination

January 12, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for a stone company after finding a woman couldn't prove the company knew she was pregnant when it decided to relocate her to another office.
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Man not fired for being 'whistle-blower'

November 19, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence the company fired him in retaliation for being a whistle-blower.
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  1. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  2. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  3. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  4. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  5. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

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