Could Hilton Convince Court to Dispense with Fired Housekeeper’s Retaliation Lawsuit?

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Timing is often a key factor in whether an employee’s retaliation claim succeeds. Courts tend to place a lot of weight on how much time passed between the claim and the employer allegedly punishing the employee. A case involving a housekeeper for Hilton, however, demonstrates that timing is not the only factor.

After getting injured at work, the housekeeper filed a workers’ compensation claim in May 2021. Right after that, she said, the hotel manager asked if she "wanted to be fired.”

The housekeeper said that over the next couple of years, her employer harassed her. She cited several incidents. For example, when she called in sick, the company would discipline her more harshly than other employees. She said the company subjected her to more room inspections, as well. It also allegedly refused to accommodate her health conditions. Finally, the company terminated her on Aug. 23, 2023. 

The housekeeper sued for retaliatory discharge. Hilton asked the court to dismiss the claim. Specifically, it argued that too much time passed between the employee's workers’ compensation claim and termination. It argued that when an employee relies on timing alone to show retaliation, courts "typically allow no more than a few days to elapse."

To establish a retaliation claim, the housekeeper had to show: 1) she was fired; 2) in retaliation for her protected activities; and 3) the termination clearly violated public policy.

Should the court have thrown out housekeeper’s case?

A. No. There was a lot of time that passed between her workers’ compensation claim and termination, but she pointed to other acts of reprisal as well.

B. Yes. In a retaliation lawsuit, timing is the only factor that matters, and in this case, about two years passed from the time of her protected activity until the company fired her.

If you selected A, you agreed with the court in Ferizovic v. Hilton Hotels, Rosemont, No. 698 25 C 656 (N.D. Ill. 10/20/25), which found that the housekeeper made out a plausible retaliation claim.

For the full text of this decision, check in on Simply Research

The length of time between the housekeeper’s claim and her termination “is indeed long. But she does not rely on timing alone.” the court said.

The housekeeper also alleged that the general manager made an implicit threat to fire her immediately after she filed her workers' compensation claim. She also pointed to a pattern of harassing conduct following the claim culminating in her termination. 

When an employer asks a court to dismiss a case, the court explained, the question is merely whether the employee made out a plausible claim. Finding the housekeeper did so, the court declined to throw out the lawsuit.

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