Grana v. Illinois Dept. of Transp.
| Decision Date | 12 November 2002 |
| Docket Number | No. 01 C 8159.,01 C 8159. |
| Citation | 232 F.Supp.2d 879 |
| Parties | Gregory GRANA, Plaintiff, v. ILLINOIS DEPARTMENT OF TRANSPORTATION, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
David Allan Beck, Craig A. Moen, Ronald A. Orner, Orner, Beck, Zydowsky, Moen & Splitt, Ltd., Chicago, IL, for Plaintiff.
Deborah Joyce Allen, Illinois Attorney General's Office, Chicago, IL, for Defendant.
Plaintiff Gregory Grana ("Grana") sued the Illinois Department of Transportation ("IDOT") under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-3(a), claiming that he was retaliated against for opposing alleged discrimination against a female co-worker. Presently before the Court is IDOT's motion for summary judgment pursuant to Federal Rule of Civil Procedure 56(c). For the following reasons we grant IDOT's motion for summary judgment. (R. 12-1.)
Grana was first employed by IDOT in 1990 as a temporary worker. (R. 12, Def.'s Facts ¶ 2.) In 1992, Grana was hired permanently as a highway maintainer, and in 1994 he was promoted to heavy construction equipment manager of the Arlington Heights Yard ("Yard"). (Id.) Grana's co-workers include Technician Matt Mara ("Mara"), who holds the highest position at the Yard, and Michael Poladian ("Poladian"), the Lead Lead Worker, who has assisted Mara since 1996. (R. 12, Def.'s Facts ¶¶ 3, 4.) In conjunction with Mara, Poladian gives assignments to the crew and passes out assignments to Lead Workers. (Id., Ex. D at ¶ 13.) The Lead Workers are responsible for managing their crews, carrying out assigned tasks, and assigning particular tasks to individual workers, including Grana. (Id.)
On October 26, 2000, Grana wrote a memo complaining about alleged unfair labor practices at the Yard. (R. 12, Def.'s Facts ¶ 5.) Specifically, Grana believed that he was being treated unfairly because another worker received more overtime than he did and was transferred to a more favorable position. (Id. at ¶ 6.) In the memo, Grana also alleged that Poladian was under investigation for discriminatory practices against Donna Rhodes, a female co-worker who filed a charge of discrimination with the EEOC, and Grana indicated that he would "gladly testify" on Rhodes's behalf. (Id. at ¶¶ 7-8.)2 His memo also mentioned a sexual comment Mara made about Sandi Brown, an IDOT Civil Rights Investigator. (Id. at ¶ 7.) In his memo Grana stated that he could no longer tolerate his supervisors' continual abuse of their power and authority. (R. 15, Pl.'s Facts, Grana Aff. ¶ 2.) Grana claims that the statements in the memo are "not retaliation but factual and I would gladly testify as such." (R. 12, Def.'s Facts ¶ 8.) Grana alleges that the statements in his memo informed IDOT that he was acting as a witness for Rhodes. (Id.) Grana has not been called to testify on behalf of Rhodes, but he did make a statement to the Chief Counsel for the State of Illinois on February 21, 2002. (R. 15, Pl.'s Facts, Grana Aff. ¶ 3.)
Grana's memo complaining of unfair labor practices was referred to Giovanni Fulgenzi, IDOT's Personnel Services Manager. (R. 12, Def.'s Facts ¶ 12.) On November 30, 2000, Fulgenzi met with Grana and Michael Malone, the union steward, for over an hour. (Id. at ¶ 13.) Grana and Fulgenzi discussed all the topics in Grana's memo. (Id. at ¶ 15.) Grana declared that "other employees" were denied opportunities in the Yard because of IDOT's "unfair labor practices." (Id. at ¶ 16.) Grana then informed Fulgenzi that he had witnesses that could vouch for his grievances. (R. 15, Pl.'s Facts, Grana Aff. ¶ 4.) Fulgenzi did not inquire about the names of the witnesses, and told Grana that in his experience it would be difficult to get anyone to come forward. (Id.) Grana also provided Fulgenzi with a typed memo from Tom Kidon, one of his co-workers, which stated that Kidon had heard Mara make a statement about Sandi Brown. (R. 15, Pl.'s Facts ¶ 17.) Grana and Fulgenzi spent less than ten minutes discussing the alleged sexual harassment of women in the Yard. (R. 12, Def.'s Facts ¶ 14.) Fulgenzi never asked for the names of Grana's witnesses, nor did he tell Grana that he was investigating Grana's complaints. (Id. at ¶ 6.) Fulgenzi nevertheless investigated Grana's claims. (R. 12, Def.'s Facts ¶ 19.)3
Grana contends that soon after his memo was circulated his supervisors began retaliating against him. (Id. at ¶ 23.) Grana claims that because of his participation in a sexual harassment investigation against his supervisors he was given undesirable job assignments, which included sweeping out the truck bay at the yard and picking up trash along the roadway. (R. 15, Pl.'s Facts, Grana Aff. ¶ 10.) These assignments were given out and expected to be performed during contract-approved lunch breaks on days when investigators came to the Yard to interview Grana. (Id. at ¶ 11.) Picking up trash is not a normal job assignment in the Yard, and no other employees were assigned this task. (Id.) According to IDOT, Yard workers who have to talk to legal counsel typically are given tasks like equipment or yard maintenance in the Yard because workers are instructed to remain in the Yard during interviews or meetings with legal counsel or investigators. (R. 17, Def.'s Reply, Ex. D, Poladian Aff. ¶¶ 29-30.) Grana admits that such duties may be included in his job description as "other duties." (R. 12, Def.'s Facts ¶ 26.) Additionally, in November 2000 Grana believed that another employee was treated more favorably when he was permitted to do time-keeping work, while Grana was assigned to load trucks. (Id. at ¶ 32.)
Grana also complains that shortly after his October 26, 2000, memo Mara warned him that he would need a "good lawyer." (R. 12, Def.'s Facts ¶ 27.) According to one of Grana's co-workers, Poladian commented that he would "own [Grana's] home." (Id. at ¶ 29.) Grana did not hear this comment himself. (Id. at ¶ 30.) Grana also felt that Poladian would slam the door in his face and do things that made him uneasy at work. (Id.) Grana felt that Mara and Poladian ceased "casual talk" with him after his involvement in a sexual harassment claim against them. (Id. at ¶ 31.)
On February 21, 2001, IDOT notified Grana that a pre-disciplinary meeting against him was scheduled. (R. 12, Def.'s Facts, Ex. K, IDOT Letter.) Grana felt that this pre-disciplinary meeting was retaliatory even though he had not yet received the charges against him. (Id. at ¶ 36). Grana was charged with violating the following sections of the Illinois Department of Transportation Personnel Policy:
Section F-1: "Employees should not engage in, instigate or cause any interruption or impede the work effort of other employees."
Section R: "Employees shall conduct themselves and their business to the highest ethical standards that reflect professional management and/or engineering practices."
Section J: "All employees have a duty to participate in, and shall cooperate with, all official investigations."
No determination was made at the pre-disciplinary meeting. (Id. at ¶ 39.) Grana filed a retaliation claim with the EEOC against IDOT prior to being informed of the determination of the pre-disciplinary meeting. (Id.) Grana wrote a memo responding to the charges against him, and filed a retaliation claim against IDOT with the EEOC that same day. (Id. at ¶ 40.)
Grana claims to have been disciplined in the form of a written warning dated April 2, 2001. (Id. at ¶ 41.) The parties dispute whether this letter was sent to Grana or became part of his personnel file. The parties are also in disagreement over how Grana obtained a copy of this letter. Grana claims that the letter was sent to him at his residence on or before April 4, 2001. (R. 15, Pl.'s Facts, Grana Aff. ¶ 14.) Grana claims he may have inadvertently sent his copy of the letter to the EEOC. (Id.) Grana has not yet produced the original letter, and IDOT claims that it never sent the letter. (R. 12, Def.'s Facts ¶¶ 43, 46.) Immediately after IDOT decided to issue Grana a written warning, Fulgenzi learned that Grana had filed a charge of retaliation with the EEOC and thus he decided not to issue the warning so as not to raise any question of retaliatory behavior. (Id. at ¶¶ 44-45.) IDOT maintains that the warning letter was accidentally placed in Grana's personnel file, (id. at ¶ 46), and never became a part of Grana's permanent record, (id. at ¶ 48).4
On April 26 and May 10, 2001, Grana wrote memos complaining of activities he believed constituted continued harassment. (Id. at ¶ 52.) Grana complained of jokes made by Poladian and of not being given a fifteen-minute break to wash up. (Id.) Grana admitted in his deposition that he was not fired, his pay has not been reduced, his benefits have not been reduced, he has not been transferred to another Yard, he has not suffered a demotion, he has not been placed on probation or suspended, and he has not been disciplined. (Id. at ¶¶ 53-59.)5
Summary judgment is proper if the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). A genuine issue for trial exists only when "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Materiality is determined by assessing whether the fact in dispute, if proven, would satisfy a legal element under the theory alleged or otherwise affect the outcome of the case. Id. at 247, 106 S.Ct. 2505. The Court must view all the evidence in the light most favorable to the nonmoving party, Valley Liquors, Inc. v. Renfield Imp., Ltd., 822 F.2d 656, 659 (7th Cir.1987), and draw all inferences in the nonmovant's favor, Santiago v. Lane, 894 F.2d 218, 221 (7th Cir.1990)...
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