Pickett v. Chi. Transit Auth.
Pickett v. Chi. Transit Auth.
Opinion
In 2015 a passenger on a bus operated by the Chicago Transit Authority screamed at and threatened Lawrence 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 appeared one morning and requested a light-duty job. He was given one by the personnel on duty, but four days later he was told that the CTA was not ready to permit his return to work.
Pickett previously had been told that before returning to work he needed to complete a form (which was enclosed with the letter) and report to CTA's Leave Management Services office, which would administer some tests (including a drug screen). He ignored those directions and simply showed up at his former workplace, where a supervisor gave him work pending advice from management. The advice, when received, turned out to be a direction that Pickett go home until he had done as instructed-fill out the form and report to Leave Management Services. Pickett did not follow 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 with the EEOC a charge of age discrimination. Pickett says that during 2015 he saw three or four persons younger than himself doing light-duty tasks. The CTA removed him, the eldest of the group, and he believes that it left the others at work. After receiving his right-to-sue letter, Pickett began litigation under the Age Discrimination in Employment Act,
Pickett's principal contention on appeal is that the district court should have recruited counsel to represent him. He filed one motion for counsel, to which the judge replied: "Picketts [sic] Motion for Attorney representation is denied at this time." That was it. No explanation. Pro bono counsel representing Pickett on appeal accurately observes that we have told district judges that explanations are essential.
Pruitt v. Mote
,
*871 How else would an unrepresented litigant know what more must be done to obtain judicial assistance? Pruitt and later cases set out considerations that bear on the proper exercise of discretion, but without an explanation how can this court determine whether the district judge has abused that discretion? A few words might have sufficed, but the judge left both Pickett and this court in the dark.
It is not hard to imagine what those few words might have been. The judge might have pointed out that Pickett had not provided a complete financial disclosure, so the record did not show inability to afford counsel. See
Or the judge might have observed that Pickett did not describe why he had been unable to hire counsel. A litigant's good faith but unsuccessful effort to obtain counsel is a necessary condition to the provision of judicial assistance to recruit a lawyer. See
Pruitt
,
Or the judge might have observed that Pickett filed his motion so early in the case that it was impossible to tell whether he could represent himself adequately. A litigant's competence to present his claim without a lawyer's aid is another of the considerations that matter under
Pruitt
. See
Finally, the judge might have thought it significant that the Age Discrimination in Employment Act has a fee-shifting clause.
*872
The district judge should have said one or more of these things. Denying the motion without explanation was an error, but a harmless error. See
Pennewell v. Parish
,
Proof that the younger workers Pickett saw in light-duty positions had been allowed to bypass those administrative steps would support an age-discrimination claim. But Pickett has not alleged this. This means that he does not have any route to success, for he could not show that his age caused an adverse effect. The absence of counsel was harmless, and the claim on the merits was properly rejected by the district judge.
AFFIRMED
Reference
- Full Case Name
- Lawrence L. PICKETT, Plaintiff-Appellant, v. CHICAGO TRANSIT AUTHORITY, Defendant-Appellee.
- Cited By
- 216 cases
- Status
- Published