Lizalek v. Invivo Corp.
Docket: No. 08-3626
Court: Court of Appeals for the Seventh Circuit; March 16, 2009; Federal Appellate Court
Gary Lizalek’s religious beliefs led him to identify as three distinct entities: the trust created by the Social Security Administration for the U.S. Government, himself as the Trustee, and himself as the Steward. His employer, Invivo Corporation, requested that he maintain a single professional identity, which he refused, resulting in his termination. The district court upheld the termination, ruling it was lawful. Lizalek had initially joined Invivo in October 2005 and later expressed in a letter his commitment to his religious covenant, asserting no conflict with his employment. However, he exhibited problematic behavior, including a confusing writing style and the use of multiple identities in correspondence, raising concerns among supervisors. His tax form claimed exemption under his Trustee identity. After multiple discussions about his behavior, Invivo terminated him for disruptive conduct and poor communication skills. Lizalek subsequently sued Invivo, claiming violations of Title VII regarding religious accommodation. The court granted summary judgment for Invivo, stating that accommodating Lizalek’s behavior would impose undue hardship on the company, as it negatively affected customer relations and internal communication. Lizalek’s assertion that accommodations could be made without cost was unsupported. Additionally, his retaliation claim was dismissed as Invivo had decided to terminate him before he filed an internal discrimination complaint. The court affirmed the summary judgment in favor of Invivo.