Allen v. Chicago Transit Authority
| Decision Date | 06 April 2001 |
| Docket Number | No. 99 C 7614.,99 C 7614. |
| Citation | 163 F.Supp.2d 953 |
| Parties | Annette M. ALLEN, et al., Plaintiffs, v. CHICAGO TRANSIT AUTHORITY, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Before the court are four summary judgment motions filed by defendant Chicago Transit Authority ("CTA") to dispose of all remaining claims asserted by four African-American CTA employees who claim they were victims of racial discrimination.1 To conserve judicial resources and avoid responding in kind to the parties' excessive proliferation of paper, the court consolidates its rulings on all four motions.
Preliminarily, the court notes that the decisional process is unduly burdened by the parties' disregard of Local Rule 56.1. The purported statements of uncontested facts, responses, additional facts, and replies are neither concise nor always factual. Instead, the purported facts are often clouded with impermissible conclusions, legal argument and citations to the record that do not support factual assertions. To the extent purported facts do not comply with Local Rule 56.1, they shall not be considered. Waldridge v. American Hoechst Corp., 24 F.3d 918, 920-23 (7th Cir.1994). Properly disputed facts are noted.
The same legal standard applies to all four motions. Summary judgment is appropriate if the moving papers and affidavits show there is no genuine issue of material fact and the CTA is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); King v. National Human Res. Comm., Inc., 218 F.3d 719, 723 (7th Cir.2000). Each plaintiff must go beyond the pleadings and set forth specific facts showing there is a genuine issue for trial. Fed.R.Civ.P. 56(3); Silk v. City of Chicago, 194 F.3d 788, 798 (7th Cir.1999). The court considers the record as a whole and draws all reasonable inferences in the light most favorable to each plaintiff. Bay v. Cassens Transp. Co., 212 F.3d 969, 972 (7th Cir.2000). A genuine issue of material fact exists if the evidence is sufficient to enable a reasonable jury to return a verdict for that plaintiff. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Insolia v. Philip Morris, Inc., 216 F.3d 596, 599 (7th Cir.2000).
The CTA moves for summary judgment against Newberry on his §§ 1981 and 1983 claims of discrimination in pay and promotions [Count II]. Newberry was hired by the CTA in February 1990 as a programmer analyst in the management information system department ("the computer department"), and initially was assigned to the mainframe area. Newberry had ten years of previous computer experience, including seven years as a computer operator and data processing field technician and three years as a computer programmer. He possessed an A.A. degree in data processing from Olive-Harvey College and a B.S. in computer science from Roosevelt University. Newberry completed 24 hours of undergraduate study to enhance his computer skills at DePaul University prior to starting at the CTA. In late June 1990, Newberry was promoted to senior programmer analyst at level eleven.2 The general manager of the computer department was Kenneth Edwards, an African-American. Edwards ultimately made all hiring and promotion decisions for the computer department. In 1992, Newberry moved from the mainframe area to the PC/LAN area of the computer department, headed by manager Paul Olenski. At all relevant times, Newberry's immediate supervisor has been Stephen Cohn.
Through the employee assistance program, Newberry began a six-month leave of absence in mid-December 1997, with full pay, for emotional disability. While on leave, Newberry filed an internal handwritten-complaint with the CTA's affirmative action unit, based on events that occurred prior to his leave of absence. Newberry complained of race discrimination and harassment by his supervisor Olenski due to his desk being moved "more than any other employee." Pl.Ex. 27. Newberry did not request any remedy. Id. A typed-version of Newberry's internal complaint exists and differs from the handwritten complaint. The typed version claims Olenski and Edwards adversely treated Newberry because of his race by requiring him to work out of his job description, senior programmer analyst, for four years; not assigning him the duties of a senior programmer analyst; denying him the same pay increases as other senior programmer analysts; and moving him to different seating assignments five times. Id. Both versions of Newberry's complaint focus primarily on the effects of his 1992 transfer to the PC/LAN area under Olenski. Id.
Before his reinstatement in mid-June 1998, Newberry's title changed to office systems programmer analyst. He still reported directly to Cohn. However, Olenski left the CTA in September 1998, and Aditya Jani became Newberry's supervisor.
In late August 1998, the affirmative action unit issued a finding in response to Newberry's internal complaint, stating "there is cause to support your allegation of race and adverse treatment." Pl.Ex. 1. According to the report upon which the affirmative action unit's finding is based,
Newberry has been adversely treated by being taken out of the position he was originally hired for, and was put into a position he was not as familiar with, yet being expected to perform at a level of experience dictated by management. Newberry's career opportunity as a programmer is also hindered because of the lack of experience and training he could have had if he was left in his area of expertise.
Pl.Ex. 2 at 10. The report recommended that Newberry be returned to his position of senior programmer analyst and increased from level twelve to thirteen. Id. at 11.
Edwards does not recall receiving the affirmative action unit's finding. Def. Ex. 12, Edwards dep. at 83-89. He believes the internal complaint was "thrown out, because [he] ... wasn't asked to take any action by EEO or anything to redress or correct anything" that he can recall. Id.
Newberry does not sue the CTA based on either version of the internal affirmative action complaint. Newberry Resp. Br. at 1, n. 2. Rather, he claims he was denied unposted promotions awarded to two fellow employees, David Otto and Ashish Goyal, months after the internal complaint was filed and the affirmative action unit issued its finding. Id. at 1, n. 2, 14.3 Newberry's job performance is not a material issue, but his qualifications for Otto and Goyal's positions are at issue.
Without applying or interviewing, Otto became network support coordinator at level fifteen in November 1998, a two-level promotion from his position as lead communication system planning analyst since his hire in 1990. As network support coordinator, Otto continued to staff the help desk, where he had been working for some time. Despite the promotion, Otto's duties remained essentially unchanged. In addition to Otto's CTA experience, Edwards based his decision on Otto's previous private employment experience in the communications field. Def. Ex. 12, Edwards dep. at 22-3, 69-70. Edwards did not base his decision on Otto's educational background.
Newberry claims he also has communications experience. Pl.Ex. 3. With regard to Otto's experience at the help desk, Newberry asserts that Edwards gave a different reason in his recommendation to promote Otto. Newberry contends Edwards' recommendation lists a variety of computer projects with which Otto was purportedly involved, and that Otto's involvement with these projects was minimal. Pl.Ex. 32; Pl.Ex. 10, Newberry decl. at ¶ 8. As evidence that Otto was not qualified for the promotion, Newberry asserts Otto did not perform his job well. Newberry often heard complaints about the inaccessibility of the help desk and Otto's frequent failure to answer the telephone. Pl.Ex. 10, Newberry decl. at ¶ 6. Newberry argues Otto performed so poorly that the CTA outsourced the help desk to an outside vendor, eliminating Otto's position. Newberry Facts ¶ 38; Newberry Resp. Br. at 9, n. 11. Newberry concludes he was eminently qualified to perform the duties required for Otto's position.
After interviewing three or four people, Jani recommended Goyal to Edwards. Goyal was hired in March 1999 as senior office systems programmer analyst at level fourteen. This occurred a week before Newberry was promoted to level thirteen (within the period in which Newberry claims he was denied promotions). Def. Ex. 6,16. Goyal has no degree in computer science, unlike Newberry. Instead, Goyal has a bachelors degree in civil engineering and a masters degree in structural engineering. When interviewed by Jani, Goyal answered all technical questions correctly. Def. Ex. 24. Jani based his recommendation on Goyal's certifications, experience and the technical interview. Def. Ex. 20, Jani dep. at 24. Goyal's certification in Windows NT administration, and master's degree in engineering contributed to Jani's recommendation. Id. at 25. Newberry contends that Goyal did not have a Windows NT certification. Pl.Ex. 15. According to Edwards, Goyal was hired because he had "NT Novell network expertise." Def. Ex. 12, Edwards dep. at 51-52. Goyal had five years of practical NT Novell networking experience in maintaining and developing programs. Pl.Ex. 24; Def. Ex. 32, Rizzuto decl. at ¶¶ 12-13. Newberry contends that most of Goyal's prior work experience was in the field of engineering, not computers, and that Goyal's only computer-related work experience did not involve Groupwise, a program Goyal's position serviced. Pl.Ex. 15; Def. Ex. 25, Goyal dep. 10-16. Newberry claims he was familiar with Novell. Newberry Facts ¶ 97; Pl.Ex. 10, Newberry decl. at ¶ 13. Newberry concludes Edwards' and Jani's...
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