Metzger v. DaRosa

Metzger v. DaRosa

Opinion

 [*32]  [****149]  [**1166]    JUSTICE KILBRIDE delivered the opinion of the court:

This case is before us on questions of Illinois Law certified by the United States Court of Appeals for the Seventh Circuit. 145 Ill. 2d R. 20. The certified questions are:

"1. Does Section 19c.1 of the Illinois Personnel Code, 20 ILCS 415/19c.1, create an implied private right of action?

2. If there is an implied private right of action under Section 19c.1, is that action limited to one against the employer (i.e., the State of Illinois), or may it also be brought against individual employees (i.e., supervisors, managers, or others who retaliate against the whistleblower)?"

For the reasons that follow, we hold that under Illinois Law, section19c.1 of the Personnel Code (20 ILCS 415/19c.1 (West 2002)) does not create an implied private right of action.

I. BACKGROUND

In the underlying case, Linette Metzger (Metzger), an employee of [***2]  the Illinois State Police, filed a multiple-count action in federal court against the State Police and several individuals, alleging sexual harassment, gender discrimination, and retaliation in violation of federal statutes and constitutional provisions, and one count of a violation of section 19c.1 of the Personnel Code (20 ILCS 415/19c.1 (West 2002)).

The parties have differing interpretations of the events that led to this action. According to Metzger, she reported multiple attendance abuses involving employees who were paid for days when they were not at work, giving  [*33]  the Department of Internal Investigation (DII) over 40 pages of documentation. The DII returned the documents to Metzger and told her to inform her supervisor. Metzger informed her supervisor, Betsy Wasmer-Ryherd (Wasmer), by e-mail. Wasmer immediately charged Metzger herself with attendance abuse to DII, but the allegations were never substantiated. Wasmer then transferred Metzger to another division and revoked her 24-hour building access privileges. At her new division, Metzger had no work assignments for some time. Metzger also claimed that Wasmer and others attempted to retaliate [***3]  further by changing Metzger's work schedule at her new job without discussing it with her new supervisor. According to Metzger, the transfer adversely affected her chances for promotion and job advancement.

According to defendants, Metzger first told Wasmer in 1996 that another employee was not properly accounting for time off. Wasmer discussed the matter with the employee and corrected the records to charge two days off against the employee. Two years later, without asking Wasmer if the problem had been corrected, Metzger reiterated the complaint to the DII. The DII told Metzger to discuss it with Wasmer. When Wasmer received Metzger's e-mail, she checked all the employee time records and discovered that Metzger was frequently late for work. Wasmer also suspected that Metzger was going through other employees' desks after hours. Wasmer requested that Metzger be transferred to another unit and revoked Metzger's 24-hour building access.

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