Chambers v. American Trans Air, Inc.

• Decision Date: 18 May 1994
• Docket Number: No. 93-1057,93-1057
• Citation: 17 F.3d 998
• Parties: 64 Fair Empl.Prac.Cas. (BNA) 213, 63 Empl. Prac. Dec. P 42,862, 28 Fed.R.Serv.3d 83 Becky CHAMBERS, Plaintiff-Appellant, v. AMERICAN TRANS AIR, INC., Defendant-Appellee.
• Court: U.S. Court of Appeals — Seventh Circuit

Page 998

17 F.3d 998

64 Fair Empl.Prac.Cas. (BNA) 213,

63 Empl. Prac. Dec. P 42,862, 28 Fed.R.Serv.3d 83

Becky CHAMBERS, Plaintiff-Appellant, v. AMERICAN TRANS AIR, INC., Defendant-Appellee.

No. 93-1057.

United States Court of Appeals, Seventh Circuit.

Argued Oct. 29, 1993.

Decided Feb. 28, 1994.

Rehearing and Suggestion for Rehearing

In Banc Denied May 4, 1994.

As Modified May 18, 1994.

Gordon B. Dempsey, Indianapolis, IN (argued), for plaintiff-appellant.

Gregory J. Utken, Roberta S. Recker (argued), Cherry Cox, Baker & Daniels, Indianapolis, IN, for defendant-appellee.

Before CUMMINGS and CUDAHY, Circuit Judges, and LEINENWEBER, District Judge. ^*

CUDAHY, Circuit Judge.

Becky Chambers brought this Title VII action against her employer, American Trans Air, Inc. (ATA). Chambers worked for ATA from October 1982 until July 1987, first as a contract administrator and later as a crew planner. In June 1987, Chambers wrote a letter to her supervisor tendering her resignation, effective July 18, "pending correction" of two areas. Specifically, she demanded a pay increase, and that the company hire additional crew planners.

Rather than bowing to her demands, Chambers' supervisor accepted her resignation. After filing a charge with the Equal Employment Opportunity Commission (EEOC), Chambers brought this suit, claiming violations of Title VII, 42 U.S.C. Sec. 2000e et seq. As the district court interpreted her complaint (and Chambers does not here object to this interpretation), it asserts seven claims, averring that Chambers was twice denied promotions and three times denied pay increases to which she was entitled. She also alleged that she was subject to "heavier workloads, harsher discipline ... and overt hostility from her supervisor" on account of her sex, and that she was constructively discharged. She also sought certification as a class action. ATA moved for, and the district court ultimately granted, summary judgment against Chambers on each of these claims. Having no individual claim, the court also found that Chambers could not serve as a class representative. Finally, the court sanctioned Chambers' attorney under Fed.R.Civ.P. 11 for pressing a claim for liquidated and exemplary damages when Title VII permitted no such relief. We affirm in all respects.

I. Rule 56(f).

A party opposing a motion for summary judgment must "designate 'specific facts showing that there is a genuine issue for trial.' " Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986) (quoting Fed.R.Civ.P. 56(e)). The opposing party will typically do this by submitting affidavits showing that material facts are in dispute. The court here found that Chambers failed to show the existence of a material dispute. But that is not surprising, because Chambers never put forward any evidence purporting to do so. Instead, Chambers twice asked for more time, though she never explained (as the rules require) why more time was necessary. The court therefore examined the record in the case as it then existed, found that Chambers had not shown the existence of a material factual dispute and entered summary judgment. Whether summary judgment was appropriate, then, turns (at least in part) on whether the court was within its discretion in deciding the summary judgment motion when it did.

Chambers' response to ATA's motion for summary judgment was less than artful. She first asked for an extension of time to respond, until February 29, 1989, and the court granted the extension. But that date did not exist. When she did respond on March 1 (which the court treated as timely), she asked for another extension of time. ATA opposed that motion.

Federal Rule of Civil Procedure 56 gives a party opposing a motion for summary judgment two choices. It can either respond, filing an affidavit showing the existence of a triable issue of fact, Fed.R.Civ.P. 56(e), or, if it appears "from the affidavits of a party opposing the motion that he cannot for reasons stated" show the existence of an issue of fact, the court may allow further discovery. Fed.R.Civ.P. 56(f).

The first time that Chambers asked for an extension of time, the court apparently overlooked her failure to submit an affidavit explaining why more time was needed. But, when Chambers asked for a second extension of time, ATA objected, arguing that Rule 56(f) required Chambers to submit an affidavit explaining why more time was necessary. Chambers responded to this argument by moving to file a Rule 56(f) affidavit out of time, all the while insisting that she already had enough evidence to show the existence of a material issue of fact. The court responded by giving Chambers another 30 days to address the question whether her action was barred by the statute of limitations, but otherwise reserved judgment. The court ultimately granted summary judgment in part, finding that some of Chambers' claims were barred by the statute of limitations. As to those claims that were not, the court denied her motion to file a Rule 56(f) motion out of time as well as her motion for an extension of time. It then treated Chambers' proffered Rule 56(f) affidavit as a Rule 56(e) response to the motion for summary judgment and proceeded to decide the summary judgment motion. It ultimately granted summary judgment in favor of ATA on the remaining claims.

Chambers here contends that the district court abused its discretion in denying her motion for an extension of time. It is unrealistic, Chambers argues, to expect Title VII plaintiffs represented by busy attorneys in small law firms to respond to motions for summary judgment before they have completed discovery. But as this court has noted, the "fact that discovery is not complete--indeed, has not begun--need not defeat the motion. A defendant may move for summary judgment at any time." American Nurses Ass'n v. Illinois, 783 F.2d 716, 729 (7th Cir.1986).

While a motion for summary judgment should not be granted unless it is abundantly clear that no material issue of fact exists, Rule 56 requires the party opposing a summary judgment motion to come forward with some evidence showing the existence of such a factual dispute. If a party cannot present "facts essential to justify his opposition," Rule 56(f) requires that it explain why. The court is then permitted to deny the motion for summary judgment, allow further discovery, or "make such other order as is just." Fed.R.Civ.P. 56(f). Chambers' counsel says that it is unrealistic to expect her to be able to come forward with facts. Even if this doubtful assertion is correct, Rule 56(f) expressly sets up a device by which counsel is permitted to advance this argument, the Rule 56(f) affidavit. Because Chambers' failed to file a timely Rule 56(f) affidavit, the court's refusal to give Chambers any further time for additional discovery was not an abuse of discretion. See Otto v. Variable Annuity Life Ins., 814 F.2d 1127, 1138 (7th Cir.1986), cert. denied, 486 U.S. 1026, 108 S.Ct. 2004, 100 L.Ed.2d 235 (1988).

Satisfied that the court was not required to wait for Chambers to proffer any further evidence before ruling on the motion for summary judgment, the question is whether, on the evidence the court had before it, there existed a triable issue of material fact. As noted, the district court interpreted Chambers' complaint as asserting seven different claims: two claims for failure to promote (1983 and 1987), three claims for failure to receive a pay increase (1983, August 1986, December 1986), one "constructive discharge" claim and one claim that she was subjected to "harsher discipline, heavier work loads and overt hostility" from her supervisor on account of her sex. The court granted summary judgment on some claims on statute of limitations grounds and on the rest for failure to show a genuine issue of material fact.

II. Failure to promote.

With respect to the 1983 denial of promotion claim, the district court found that Chambers' claim was barred by the statute of limitations. Under Title VII, a plaintiff must file a claim with the Equal Employment Opportunity Commission (EEOC) "within one hundred and eighty days after the alleged unlawful employment practice occurred" or be barred. 42 U.S.C. Sec. 2000e-5(e). See Alexander v. Gardner-Denver Co. 415 U.S. 36, 47, 94 S.Ct. 1011, 1019, 39 L.Ed.2d 147 (1974).

Chambers filed her EEOC charge on January 5, 1988, and any claim for discrimination that occurred before March 11, 1987 is therefore time-barred. She argues, however, that her failure to promote claim from 1983 should nonetheless survive on a "continuing violation" theory. That doctrine contemplates that activity occurring beyond the limitations period can be challenged if it is part of a pattern of discrimination that extended into the limitations period. See generally Douglas Laycock, Continuing Violations, Disparate Impact in Compensation, and Other Title VII Issues, 49 Law & Contemp. Probs. 53 (1986). But we need not decide the "continuing violation" question because, even if the 1983 claim is not time-barred, it is outside the scope of Chambers' EEOC charge.

Filing an EEOC charge, of course, is a prerequisite to suit under Title VII, in order for the EEOC to have a chance to settle disputes before lawsuits are undertaken. Alexander, 415 U.S. at 44, 94 S.Ct. at 1017. As a result, to prevent circumvention of the EEOC's investigatory and conciliatory role, only those claims that are fairly encompassed within an EEOC charge can be the subject of a resulting lawsuit. See Babrocky v. Jewel Food Co. & Retail Meatcutters, 773 F.2d 857, 863 (7th Cir.1985). Accord Schnellbaecher v. Baskin Clothing Co., 887 F.2d 124 (7th Cir.1989).

Chambers' EEOC charge complains only about unequal compensation, not failure to receive promotions. The charge alleges that male employees "were paid more money," and that Chambers "wrote asking that the inequity be corrected." Although Chambers argues that...