Full title: TAURIA DILWORTH Plaintiff, v. LASALLE-CHICAGO 24 HOUR CURRENCY EXCHANGE…
Court: United States District Court, N.D. Illinois
Date published: Oct 21, 2003
Facts
Plaintiff, Tauria Dilworth, filed a four-count complaint against Defendants, alleging false imprisonment (Count I), intentional infliction of emotional distress (Count II), violation of the Employee Polygraph Protection Act (“EPPA”) (Count III), and wrongful discharge (Count IV). Presently before the Court is Dilworth’s Motion for Summary Judgment as to Count III.
Issue
Decision
the Section 2006(d) exemption does not apply if the employee is discharged or disciplined on the basis of the analysis of a polygraph exam chart or the refusal to take a polygraph exam, “without additional supporting evidence”. Here, there are genuine issues of material fact whether there was “additional supporting evidence” based on the undisputed facts that Dilworth’s drawer was short $2,000, Dilworth was the only employee whose drawer did not balance, and Cerda specifically recalls handing $2,000 to Dilworth during her shift.
Furthermore, there are genuine issues of material fact whether Dilworth’s employment was terminated due to her failure to take a polygraph exam or because of her overall job performance.
For the reasons stated above, Dilworth’s Motion for Summary Judgment is denied.
