Lawrence Pickett v. Chicago Transit Authority, No. 18-2785 (7th Cir. 2019)Annotate this Case
A CTA bus passenger threatened Pickett, the driver. He took six months off from work while recovering. After his physician concluded that he could return to work (though not as a driver), Pickett requested a light-duty job. He was given one but four days later he was told that the CTA was not ready to permit his return to work. Pickett had been told that before returning to work he needed to complete a (provided) form and report to CTA’s Leave Management Services office, which would administer tests (including a drug screen). He ignored those directions until 2017. He was then approved for work and retired five days later. Before visiting Leave Management Services in 2017 he had filed an EEOC charge of age discrimination, claiming that during 2015 he saw persons younger than himself doing light-duty tasks. After receiving his right-to-sue letter, Pickett sued under the Age Discrimination in Employment Act, 29 U.S.C. 621–34. The district court granted the CTA summary judgment after denying Pickett’s request for appointed counsel without explanation. The Seventh Circuit affirmed. The court’s failure to explain its decision was harmless error. Pickett has not shown how a lawyer could have helped him overcome his biggest obstacle: he never took the steps that CTA told him were essential.