⚖ Oral Arguments, with Context

The Seventh Circuit hears David Lin's employment dispute with Franciscan Alliance and Franciscan Physician Network. Lin worked as an infectious disease physician. Early in the COVID pandemic, he advocated N95 masks for staff treating patients with known or suspected COVID. He says the response became part of discriminatory treatment against him. The dispute also involves repeated peer reviews of his antibiotic prescribing. Reviewers criticized some of his cases; Lin disputed the process and complained of discrimination. His lawsuit alleges race and national origin discrimination and retaliation. He also contends that his resignation was a forced departure, rather than a free choice. Franciscan says the reviews were legitimate quality controls and that he chose to resign. The district court granted summary judgment on the federal discrimination and retaliation claims, finding insufficient evidence connecting the challenged treatment to race or national origin and rejecting constructive discharge. Lin's lawyer will argue that the court set the bar for employment harm too high and fragmented the evidence instead of viewing it together. Franciscan's lawyer will argue that, even if the harm standard was wrong, the evidence still does not show a discriminatory motive. Listen for the difference between workplace harm and discriminatory motive, and for whether the timing of the reviews supports retaliation after Lin complained.

David Lin v. Franciscan Alliance, Inc. (No. 26-1378) — U.S. Court of Appeals for the Seventh Circuit, argued November 3, 2026.