Ziccarelli v. Dart, No. 19-3435 (7th Cir. 2022)
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Ziccarelli began working as a corrections officer in 1989. He was previously fired and was reinstated after litigation. Ziccarelli developed serious health conditions for which he took 10-169 hours of annual leave under the Family and Medical Leave Act (FMLA), 29 U.S.C. 2601. In July 2016 he sought treatment for work-related PTSD; by September he had used 304 hours of his allowable 480 hours of annual FMLA leave. To seek permanent disability benefits, he needed to exhaust all his sick leave. Ziccarelli planned to enroll in an eight-week PTSD treatment program. Based on his conversation with the Sheriff’s Office’s FMLA manager, Shinnawi (the contents of which are disputed), Ziccarelli decided to retire.
Ziccarelli filed suit under Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the FMLA. The district court granted the Sheriff’s Office summary judgment on all claims. Ziccarelli appealed only his FMLA claims, arguing that a reasonable jury could find that the Sheriff’s Office interfered with his FMLA rights during his conversation with Shinnawi by discouraging him from using leave and that the Sheriff’s Office constructively discharged him to retaliate against him for calling Shinnawi. The Seventh Circuit reversed in part. Ziccarelli presented sufficient evidence to defeat summary judgment on his claim of FMLA interference through alleged discouragement. The court affirmed with respect to the retaliation claim.
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