Court Rejects Promissory Estoppel Claim by Lawyer Whose Job Offer Was Revoked for Speech About Israeli Retaliation Against Gaza
From Chehade v. Foley & Lardner, LLP, decided today by Judge Sharon Johnson Coleman (N.D. Ill.):
The following facts are accepted as true for the purpose of resolving Defendant’s partial motion to dismiss.
Plaintiff is an Arab Muslim woman who graduated from Georgetown University Law Center in 2023. While in law school, Plaintiff worked at Defendant’s Chicago law office as a summer associate during Summer 2022. On July 29, 2022, Defendant offered Plaintiff a position as a full-time associate attorney, starting in Fall 2023, after Plaintiff’s law school graduation.
When applying for summer associate positions, Plaintiff alleges that a law firm’s commitment to diversity and retaining diverse associates was important to her as an Arab Muslim woman. Because Plaintiff saw no references to either “Muslim” or “Arab” in Defendant’s recruiting materials and learned that Defendant had no specific affinity group for Muslim or Arab attorneys, Plaintiff decided to discuss her concerns with Alexis Robertson, Defendant’s Director of Diversity and Inclusion. In July 2022, Plaintiff spoke with Robertson to ensure that Defendant would support her “authentic self.” Plaintiff alleges that Robertson promised her that Defendant “valued and supported [her] Arab Muslim heritage and perspective and embraced her history and values.” Plaintiff alleges that Robertson’s assurances were critical to her decision to accept the full-time employment offer and not pursue other job opportunities.
Plaintiff was scheduled to start her job on October 23, 2023. In the weeks leading up to the scheduled start date, Plaintiff, a long-time supporter of Palestinian human rights, spoke out about Israel’s bombing of the civilians of Gaza following the Hamas attack against Israel on her personal social media accounts and at an October 11, 2023 meeting at the City of Chicago’s City Hall.
Plaintiff alleges that, prior to her scheduled start date, Defendant began investigating her background and found her social media posts speaking out in support of Gaza. Plaintiff alleges that Defendant’s management personnel, including Robertson, then created a plan to rescind Plaintiff’s employment offer. On October 21, 2023, Lisa Noller, a partner and chair of Defendant’s litigation group, asked Plain
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