Consolidated Foods Corp. v. Unger
Headline: Remand orders reconsideration of a sex-discrimination suit under Kremer, potentially blocking federal Title VII relief for employees who pursued state agency and court review of workplace discrimination.
Holding: The Court granted review, vacated the Seventh Circuit’s judgment, and remanded the sex-discrimination case for reconsideration in light of Kremer, potentially barring Title VII relief when plaintiffs pursued state-court review.
- May bar federal Title VII claims if state appeals court affirmed agency decision.
- Encourages discrimination complainants to avoid state-court challenges to preserve federal relief.
- Could lead to dismissal of federal claims on remand under Kremer.
Summary
Background
Trudy Unger, an individual who said she was treated unfairly because of her sex at work, filed charges with the Illinois Fair Employment Practices Commission (FEPC). The FEPC ruled against her. A state trial court later said the FEPC decision was against the evidence, but the Illinois Appellate Court reversed, finding the FEPC’s order was not arbitrary or abusive. The Illinois Supreme Court denied review. While those state proceedings were ongoing, Unger sued under Title VII (the federal law against job discrimination) in federal court. The federal District Court found she had been discriminated against, and the Seventh Circuit affirmed that finding.
Reasoning
Because of the Court’s recent decision in Kremer v. Chemical Construction Corp., the Court granted review, vacated the Seventh Circuit’s judgment, and remanded the case for reconsideration under Kremer. Justice Blackmun’s concurrence notes uncertainty whether Kremer applies here because the Illinois Appellate Court said it was using a deferential standard when reviewing the FEPC. On remand Unger may argue that Kremer should not apply retroactively. If the Court of Appeals concludes Kremer controls, it may have to dismiss Unger’s federal Title VII claim as barred by the state appellate court’s affirmance of the agency decision.
Real world impact
The remand can affect employees who seek both state administrative review and federal relief. If Kremer governs, people who asked state agencies and state courts to correct agency rulings might lose access to federal relief. This order is a procedural step, not a final merits decision, so the outcome could still change on remand.
Dissents or concurrances
Justice Blackmun’s separate opinion objects to the practical effect: he says denying relief to a person who sought reasonable state-court review conflicts with Congress’s aim in Title VII and warns future victims may need to avoid state courts to preserve federal remedies.
Opinions in this case:
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