No Title VII Claim for Prospective Employee When No Job Existed: Seventh Circuit | Practical Law

No Title VII Claim for Prospective Employee When No Job Existed: Seventh Circuit | Practical Law

In Wilson v. Cook County, the US Court of Appeals for the Seventh Circuit affirmed the dismissal of the plaintiff's Title VII of the Civil Rights Act of 1964 (Title VII) claim alleging she was forced to perform sexual acts to gain employment for a job she later learned did not exist. The court held that the plaintiff could not allege she was unlawfully denied employment when no job existed. 

No Title VII Claim for Prospective Employee When No Job Existed: Seventh Circuit

Practical Law Legal Update 4-557-3586 (Approx. 3 pages)

No Title VII Claim for Prospective Employee When No Job Existed: Seventh Circuit

by Practical Law Labor & Employment
Published on 11 Feb 2014 • USA (National/Federal)
In Wilson v. Cook County, the US Court of Appeals for the Seventh Circuit affirmed the dismissal of the plaintiff's Title VII of the Civil Rights Act of 1964 (Title VII) claim alleging she was forced to perform sexual acts to gain employment for a job she later learned did not exist. The court held that the plaintiff could not allege she was unlawfully denied employment when no job existed.
On February 10, 2014 in Wilson v. Cook County, the US Court of Appeals for the Seventh Circuit held that a prospective employee who was forced to perform sexual acts to gain employment for a job she later learned did not exist did not have a Title VII claim. The court held that, as a prospective employee, she could only allege a claim for an unlawful failure or refusal to hire, which she could not claim since the job she applied for did not exist. (No. 13-164, (7th Cir. Feb. 10, 2014).)

Background

In Wilson, the plaintiff alleged she was contacted about a position by a representative with Oak Forest Hospital, a part of the Cook County Bureau of Health Services. Although the representative had no hiring authority, he allegedly pretended to offer her a position as a physical therapist. Throughout the interview process, the representative required the plaintiff to remove her clothing, kiss him, massage him and manually stimulate him. The plaintiff eventually learned:
  • The position she was offered never existed.
  • The representative had no hiring authority.
  • The representative had a history of sexual harassment at prior jobs.
The plaintiff filed suit in district court against Cook County as the representative's employer, alleging violations of Title VII, among other claims. The district court granted summary judgment in favor of Cook County on the Title VII claim. The district court found that the plaintiff failed to establish the existence of an employment relationship, which it held is a prerequisite for the claim. The plaintiff appealed to the Seventh Circuit.

Outcome

The Seventh Circuit affirmed the district court's grant of summary judgment and dismissed the Title VII claim. The court found that, although an employment relationship was not strictly required, since prospective employees may bring a claim under Section 2000e(2)(a)(1) of Title VII for the unlawful failure or refusal to hire, that section only protects prospective employees from discriminatory hiring decisions.
Finding that the representative could not technically hire the plaintiff for a job that did not exist, the Seventh Circuit held it could not find that he unlawfully refused to hire her in violation of Title VII, because the plaintiff:
  • At least must establish she suffered an adverse employment action when bringing a claim under Title VII.
  • Could not allege an adverse employment action when no employment existed.
Accordingly, the Seventh Circuit held that the district court properly dismissed the plaintiff's Title VII claim.

Practical Implications

Employers that find themselves dealing with employees making unauthorized job offers can look to this case as part of a potential legal defense. Rogue employees can certainly create legal headaches for employers, but this Seventh Circuit case can be part of a defense arsenal against claims based on failure to hire for positions that were only illusory.