Swinney v. Illinois State Police
Swinney v. Illinois State Police
Opinion of the Court
ORDER
Rhonda Swinney sued the Illinois State Police (ISP), her former employer, alleging that ISP retaliated against her for complaining about sexual harassment in violation of Title VII of the Civil Rights Act. The district court granted summary judgment for ISP. We affirm.
In October 2003, Swinney’s supervisor, Sandra Robinson, forwarded four emails to Swinney and several other people at ISP. The first was a joke about “why women
In February 2004 Swinney was given her annual evaluation, which stated that she met expectations except for her use of time, but also noted that she had trouble with meeting deadlines and that a large number of vouchers she filled out were rejected by the central fiscal office due to clerical errors. Swinney formally disputed some of the criticisms in the evaluation.
Later in February, Swinney complained to Avedisian’s supervisor, Arlene Hall, that she felt “harassed and intimidated” by Robinson. She stated that she and Robinson had been good friends, but their relationship had deteriorated as they worked together. She said she felt picked on for errors in her work that other supervisors did not address with their own subordinates. She also cited the fact that she had been denied a request for a four-day work week. Swinney showed Hall two of the emails and said that she was not sure why they had been sent to her but that she thought Robinson might have been trying to harass and intimidate her with the emails. After the meeting with Hall, Swinney asserts that her workload increased and that Robinson and Avedisian began to yell at her for poor job performance. Eventually, in November 2005, she was diagnosed with post-traumatic stress disorder and took a leave of absence from work. She has not returned to work at ISP.
Swinney sued, alleging that she was treated poorly in retaliation for complaining about harassment from Robinson, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). The State Police moved for summary judgment, which the district court granted. The court concluded first that no reasonable jury could find that Swinney’s complaints to Hall in February 2004 concerned being harassed sexually. If Swinney was not complaining of sexual harassment, then she was not engaging in protected activity under Title VII. Second, the district court determined that there was no evidence from which a reasonable jury could find a causal connection between Swinney’s complaints and any allegedly retaliatory conduct. The court noted that much of the conduct that Swinney characterized as retaliatory preceded her complaints to Hall in February 2004. The later conduct (such as being yelled at and assigned more work than co-workers) did not start until months after the complaints, suggesting that it was not caused by the complaints. Although Swinney may have been treated badly, the court concluded that there was no evidence to suggest she had been subjected to treatment that was unlawful under Title VII.
On appeal, Swinney argues that she did, in fact, engage in a statutorily protected activity. She argues that her complaints to Hall about the emails were complaints about sexual harassment. Although Swin-ney did not specifically tell Hall she felt sexually harassed, she asserts that it “should have been obvious” to Hall from the emails’ contents that she was complaining about sexual harassment.
But Swinney has not produced evidence from which a jury could have concluded that her employer was aware the complaint concerned sexual harassment. See Dey v. Colt Const. & Dev. Co., 28 F.3d
Swinney has not produced evidence from which a reasonable jury could conclude that her employer more likely than not knew that her complaint was about sexual harassment, and so summary judgment in favor of the State Police was appropriate. See Miller, 203 F.3d at 1008 (affirming grant of summary judgment on retaliation claim where employee’s complaint to employer failed to implicate Title VII).
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.