267 F.3d 723 (7th Cir. 2001), 00-4059, Greer v Bd. of Education of Chicago, IL

Docket Nº:00-4059
Citation:267 F.3d 723
Party Name:TYRONE J. GREER, Plaintiff-Appellant, v. BOARD OF EDUCATION OF THE CITY OF CHICAGO, ILLINOIS, a municipal corporation of the city of Chicago, formerly known as CHICAGO SCHOOL REFORM BOARD OF TRUSTEES, Defendant-Appellee.
Case Date:October 03, 2001
Court:United States Courts of Appeals, Court of Appeals for the Seventh Circuit
 
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267 F.3d 723 (7th Cir. 2001)

TYRONE J. GREER, Plaintiff-Appellant,

v.

BOARD OF EDUCATION OF THE CITY OF CHICAGO, ILLINOIS, a municipal corporation of the city of Chicago, formerly known as CHICAGO SCHOOL REFORM BOARD OF TRUSTEES, Defendant-Appellee.

No. 00-4059

In the United States Court of Appeals, For the Seventh Circuit

October 3, 2001

Argued APRIL 10, 2001

Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 99 C 7005--Charles P. Kocoras, Judge.

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Before COFFEY, ROVNER and DIANE P. WOOD, Circuit Judges.

COFFEY, Circuit Judge.

Plaintiff Tyrone Greer is an African-American, who sued the Board of Education of the City of Chicago ("the Board"), alleging racial discrimination and retaliation in violation of Title VII of the Civil Rights Act of 1964. The district court granted the Board's motion for summary judgment, and Greer appeals. We affirm.

I. BACKGROUND

Greer was hired as a freshman and sophomore English teacher at South Shore High School in 1990. Chicago's high school principals have considerable control over personnel matters, and in July 1997, apparently due to shifting student enrollment patterns, the principal of South Shore "closed" Greer's position. This meant that Greer's services were no longer needed at South Shore, and that he was now subject to reassignment anywhere within the district.

Greer then pursued three courses of action. First, he filed a sex discrimination charge with the EEOC, alleging that the principal closed Greer's position because he is a male. Second, he filed a grievance with his union, alleging that the principal's decision was prohibited by the district's collective bargaining agreement. Third, he contacted the Board's human resources department for assistance. The department informed Greer that he would be classified as a "reassigned teacher." He would continue working as a part-time substitute teacher and would receive his full salary and benefits. However, pursuant to Board policy, he would have to actively seek appointment to another position within the district, and he would be terminated if he did not secure a permanent position within ten months.

In October 1997, officials at Collins High School gave Greer a 60-day probationary appointment, where he would teach a curriculum titled "Options-For- Knowledge." Greer applied for a permanent position at

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Collins shortly afterwards, and he spoke with Rosa Vazquez, who is a recruiter in the Board's personnel department. Vazquez conferred with various officials and noted that Collins had a disproportionate number of minority teachers on staff. This was a problem because, since 1980, the Chicago public schools have operated under a federal consent decree designed to achieve racial integration among students and teachers. Vazquez determined that Greer's employment at Collins would not advance the goals of the consent decree. As a result, the Board notified Greer that he could not be permanently assigned to Collins unless the school's principal, Clement Smith, submitted a waiver request to the Faculty Integration Committee for its approval.

In January 1998, the Board's director of recruitment and staffing advised Smith that he needed to apply for a waiver if he wanted Greer to obtain the full-time position. Smith never submitted the request, stating that he did not want to jeopardize the school's attempts to integrate the permanent faculty. As a result, the Board rejected Greer's application, and he stopped working at Collins in June 1998. Greer then filed a second charge with the EEOC, alleging that the Board had discriminated against him on the basis of his race and age, and...

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