KANNE, Circuit Judge.
In two separate suits, a total of four former Illinois Department of Transportation
The state of Illinois faced serious budgetary challenges near the end of fiscal-year 2004. To address the projected budget shortfall, the drafters of the 2005 budget sought to "[s]treamline operations and improve efficiency by consolidating functions and reorganizing operations." Stripping away the euphemisms, the budget called for a significant staff reduction, including 190 employee layoffs at IDOT.
Although there is some dispute about whether IDOT actually created a reorganization plan, it is undisputed that plaintiffs Janice Draper, Brad Clearwater, Julie Neposchlan, and Ann Libri (collectively the "Plaintiffs") received layoff notices no later than June 15, 2004. The written notice received by each employee was identical in all material respects,
On June 30, 2006, exactly two years after the effective date of their terminations, plaintiffs Draper, Clearwater, and Neposchlan (the "Draper Plaintiffs") filed a two-count complaint pursuant to 42 U.S.C. § 1983 in the United States District Court for the Central District of Illinois. IDOT managers Timothy Martin,
In both cases, the Defendants moved for summary judgment arguing Illinois's statute of limitations barred Plaintiffs' claims. Judge Scott granted the Draper-Defendant's summary judgment motion on July 6, 2010, and Judge Mills similarly granted the Libri-Defendant's summary judgment motion on July 15, 2010. The Plaintiffs in both cases filed this timely appeal, and we consolidated the cases.
Summary judgment is appropriate only when "the movant shows that there is no
The sole issue for our review is whether the Plaintiffs filed their complaints within the appropriate statute of limitations window.
In discriminatory discharge cases, the plaintiffs' injury coincides with the decision to layoff the plaintiffs, not the actual termination date. Kuemmerlein v. Bd. of Educ. of the Madison Metro. Sch. Dist., 894 F.2d 257, 259 (7th Cir.1990); Chardon v. Fernandez, 454 U.S. 6, 8, 102 S.Ct. 28, 70 L.Ed.2d 6 (1981); Del. State Coll. v. Ricks, 449 U.S. 250, 258, 101 S.Ct. 498, 66 L.Ed.2d 431 (1980) ("[t]he proper focus is upon the time of the discriminatory acts, not upon the time at which the consequences of the acts became most painful"). In this court, the date of the unlawful employment practice is when a "final, ultimate, [and] non-tentative" decision was made for which the employee receives unequivocal notice. Flannery v. Recording Indus. Ass'n of Am., 354 F.3d 632, 637 (7th Cir.2004); Smith v. Potter, 445 F.3d 1000, 1007 (7th Cir.2006).
On appeal, the Plaintiffs principally argue that the statute of limitations period did not begin running when the Plaintiffs received their termination notices because of the uncertainty surrounding the reorganization. In other words, a "final, ultimate, [and] non-tentative" decision about which IDOT employees to terminate was never made. To bolster their claim, the Plaintiffs highlight three employees
The alleged uncertainty in IDOT's reorganization plan does not change the statute of limitations accrual date, and the district courts rightfully found Kuemmerlein to control the outcome of these cases. There, several school teachers filed suit against the Madison Metropolitan School District ("MMSD") alleging that the school district unlawfully used race as a factor in its layoff plan. Kuemmerlein, 894 F.2d at 258. In previous years, the district had executed similar layoffs in which the plaintiffs were targeted for termination but were ultimately recalled to work. In fact, "[i]n the five previous years, MMSD had recalled, within a month and a half of the beginning of the school year, an average of fifty-one percent of the teachers who received layoff notices," and in one year, the district recalled all twelve teachers who had received notice of their termination. Id. at 258-59. On those facts, we held that even a 50% chance of being rehired was not enough uncertainty to change the accrual date from the date of notice to the date of termination. Id. at 260 n.4 ("Conceivably, a sham layoff notice, where all notified employees are eventually recalled to work, might not start the running of the statute of limitations. The facts of this case do not suggest such a scenario."). There is even less uncertainty in this case as the Plaintiffs only cited a handful of employees who were recalled. As such, this case does not approach the sham-layoff scenario we acknowledged in Kuemmerlein.
The Plaintiffs also argue that Kuemmerlein would have come out differently had the "final, ultimate, [and] non-tentative" language we used in Flannery existed at the time of Kuemmerlein. This is incorrect. To the contrary, we explicitly interpreted the Supreme Court's Ricks/Chardon line of cases as saying the statute of limitations accrues when the defendants make a "final decision." Id. at 259 (emphasis added). There is no meaningful difference between a "final" decision and a "final, ultimate, [and] non-tentative" decision. We used this rule before and after Kuemmerlein, and we use it again today:
Finally, we find that the Plaintiffs are also wrong to suggest that their individual notices were not unequivocal. Each notice letter stated that "your position ... is targeted for abolishment," and "it is with regret that I inform you that you will be laid off ... effective close of business June 30, 2004." In Potter, we found a similar notice letter satisfied this test. 445 F.3d at 1007 (the letter provided, "You are hereby notified that you will be removed from the Postal Service on November 27, 1998"). There is functionally no difference between the Potter-statement, "you will be removed" and the IDOT-statement, "you will be laid off." In both cases, there is little doubt that a reasonable person in the Plaintiffs' position could draw any other conclusion from that letter than the named employee was to be terminated effective June 30, 2004. See id. Therefore, the notice each plaintiff received unequivocally indicated that Plaintiffs' employment was to end on June 30, 2004.
We hold that the Plaintiffs' claims are barred by Illinois's two-year statute of limitations and AFFIRM the district courts' grant of summary judgment for the Defendants.