Long v. Ill. Dep't of Human Servs.
| Docket Number | 20-cv-02098 |
| Decision Date | 05 August 2023 |
| Parties | TASHA DAVIS LONG, Plaintiff, v. STATE OF ILLINOIS DEPARTMENT OF HUMAN SERVICES, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Plaintiff Tasha Davis Long (“Davis”) was hired by the Illinois Department of Human Services (“IDHS”) in December 2013 to work as a Social Services Career Trainee (“SST”). Following a series of incidents with her supervisor that Davis believes to have been motivated by racial bias, she resigned in March 2014. She subsequently sued IDHS, alleging discrimination based on race and national origin. Now before the Court is IDHS's motion for summary judgment. (Dkt. No. 36.) For the reasons that follow, the motion is granted in part and denied in part.
The following facts are taken from the parties' Local Rule 56.1 statements. Where disputed, the Court views the facts in the light most favorable to Davis as the nonmoving party. Stewart v. Wexford Health Sources, Inc., 14 F.4th 757, 760 (7th Cir. 2021).
Davis began working for IDHS, a department of the State of Illinois, on December 3, 2013. (Pl.'s Resp. to Def.'s Statement of Facts (“PRDSF”) ¶¶ 3-4 Dkt. No. 45.) IDHS hired Davis as an SST at its Kane-Aurora Family Community Resource Center (“Kane-Aurora Facility”), where she would have been a probationary employee for six to twelve months before becoming a permanent employee. (Id. ¶¶ 4-6.) As an SST, Davis's job duties included interviewing applicants for assistance using a list of questions supplied by IDHS. (Id. ¶ 8.) Her job description also provided that 5% of her time could be spent on “other duties as assigned or required which are reasonably within the scope of duties enumerated above.” (Def.'s Statement of Facts (“DSF”), Ex. 3 at 2, Dkt. No 37-3; see also PRDSF ¶ 10.)
Davis a Black woman of American national origin, started work on the same day as two other Black women of American national origin: Robbie Russell-Booth and Kaitlyn Morris. (PRDSF ¶¶ 2, 4-5.) Davis had three supervisors at the Kane-Aurora Facility: Vanessa Lopez, Charles Moon, and Lorena Fellows. (Id. ¶ 7.) Lopez and Fellows are Latina women of Puerto Rican ancestry, both of whom speak Spanish. (Def.'s Resp. to Pl.'s Statement of Additional Facts (“DRPSAF”) ¶¶ 1, 5 Dkt. No. 53.) Davis describes Moon as a White man. (Id. ¶ 24.)
Davis admits that she had a negative relationship with Lopez. (PRDSF ¶ 15.) Davis believed that Lopez treated her poorly because Davis was an ambitious, educated Black woman, and Lopez saw her as a threat. (Id. ¶ 15.) Davis, for her part, felt that Lopez was unprofessional. (Id. ¶ 17.) Russell-Booth was similarly critical of Lopez, who she felt dressed unprofessionally, was loud, and fraternized with other employees. (Id.) Overall, Davis did not consider the Kane-Aurora Facility to be a “normal working environment,” as she thought the other employees were unprofessional and profane. (Id.)
Davis testified that during their orientation, Lopez told Davis, Russell-Booth, and Morris that nobody should file a complaint against her because she never loses. (Id. ¶ 22.) Russell-Booth initially testified that she interpreted this statement as a joke, but she later qualified that testimony by explaining that Lopez “kind of laughed when she said it.”
(DSF, Ex. 5 at 30:21-22, 31:12-13, Dkt. No. 37-5.) Davis considered Lopez's statement “unusual and concerning.” (DRPSAF ¶ 7.)
Shortly after Davis started working at the Kane-Aurora Facility, Lopez instructed Davis and Russell-Booth-but not Morris-to clean Moon's office. (PRDSF ¶ 23; DRPSAF ¶¶ 9, 24.) IDHS contends that Davis and Russell-Booth received that assignment because there was no other work for them to do at the time, but Davis disputes that no other work was available. (PRDSF ¶ 23.) While the two women cleaned Moon's office, he told them that “all eyes and ears” were on them-whether or not Lopez was present-and that Lopez had called him and told him to keep an eye on Davis and Russell-Booth while she was out of the office. (PRDSF ¶ 24; DRPSAF ¶¶ 24-25.) Davis interpreted Moon's statement as a threat and contends that Moon also told them to “be careful what you do around here.” (PRDSF ¶ 24; DRPSAF ¶ 24.)
Davis also identifies at least one occasion when Lopez assigned her excessive work. In February 2014, Lopez gave Davis nineteen cases in one day. (PRDSF ¶ 25; DRPSAF ¶ 10.) Davis testified that Cathy Richards, an employee responsible for making Lopez's assignments, was in tears when she assigned Davis nineteen cases, telling Davis that she had never seen anything like that before. (DRPSAF ¶ 11.) Davis complained to Lopez that she felt she was being “targeted with an excessive workload while she was a trainee to get rid of her because of her race.” (PRDSF ¶ 25.) Indeed, written instructions provided to Davis state that certified case workers conduct four expedited interviews in the morning and four in the afternoon. (DRPSAF ¶ 57; Pl.'s Statement of Additional Facts (“PSAF”), Ex. 3, Dkt. No. 44-4.) However, Davis offers no evidence regarding other employees' workloads, aside from that of an employee named Lourdes who, on that particular day, received three or four cases. (PRDSF ¶¶ 10, 27.) Davis does not provide Lourdes's last name or describe her race or national origin.
In February 2014, Davis overheard a conversation between Lopez and Minnet Ortiz, a Spanish-speaking Puerto Rican case worker at IDHS, that took place in Ortiz's cubicle next to Davis's cubicle. (DRPSAF ¶ 2; PRDSF ¶¶ 18.) During that conversation, Davis overheard Ortiz refer to the new SSTs-i.e., Davis, Russell-Booth, and Morris-using the word “mayate.” (PRDSF ¶¶ 18, 21.) Maria Delgado, a Spanish-speaking SST who began working at IDHS in February 2014, told Davis that “mayate” is the Spanish language equivalent to the N-word. (DRPSAF ¶¶ 18-19; PRDSF ¶ 19.) Davis also learned the meaning of the word through Internet searches and by asking Hispanic friends. (PRDSF ¶ 19.) This instance was the only time Davis personally overheard a racial slur in the Kane-Aurora facility, and Davis did not hear Lopez use slurs or otherwise comment on Davis's race or national origin. (Id. ¶¶ 18, 21.) But prior to the February 2014 incident, Delgado told Davis that she overheard Ortiz and Mitzy Newell, a Latina, Spanish-speaking IDHS case worker, use the epithet “mayate” on several occasions. (DRPSAF ¶ 29.) Davis told Russell-Booth and Morris about the February 2014 incident, and she informed her union about the discrimination and harassment she was facing. (PRDSF ¶ 20.)
Davis also raises concerns about her overtime and travel reimbursements not being timely approved. As her supervisor, Lopez told Davis which trainings to attend and signed her up for them. (DRPSAF ¶ 31.) The trainings were not always at the Kane-Aurora Facility, so Lopez informed Davis that she was entitled to claim overtime compensation and reimbursement for mileage and travel expenses. (Id.) Indeed, the applicable Collective Bargaining Agreement (“CBA”) provided for overtime compensation “to all employees required to travel for training, orientation, or professional development when travel is in excess of their normal commute and outside their normal work hours.” (Id. ¶ 30.) For example, Davis attended a four-day training session at IDHS's Will County office from December 3, 2013 to December 6, 2013, for which she traveled to Will County each day and submitted overtime requests for the time from when she left her house until she returned. (PRDSF ¶¶ 37-38.) It is not entirely clear when Davis submitted her overtime requests, but Moon approved them on December 15, 2013. (PRDSF ¶¶ 38-39.) Davis also submitted mileage reimbursement requests for her travel to and from Will County. (Id.¶ 40.) She testified that she gave the reimbursement requests to Lopez, who told her to give them to Moon. (DRPSAF ¶ 33.) According to Davis, one of Lopez's responsibilities was to approve such requests. (Id.) Although the record is unclear as to whether the requests were ultimately approved or denied, Davis testified that Moon told her that Lopez refused to approve them. (PRDSF ¶ 40; DRPSAF ¶ 33.)
Davis also attended a training in Chicago, approved by Lopez, in January 2014. (PRDSF ¶ 41.) Lopez told Davis that while she did not have to stay in Chicago overnight, she should request reimbursement for any overtime worked or travel costs incurred. (Id. ¶ 42.) As with the Will County training, Davis submitted overtime requests that covered the period from when she left her house to when she returned home, as well as mileage reimbursement requests for travel to and from Chicago. (Id. ¶¶ 43-44.) It is not clear from the record whether overtime or mileage reimbursements from the Chicago training were ever paid to Davis. IDHS contends that the requests related to Davis's January 2014 training were never approved or denied, but Davis testified that she was told that Lopez refused to approve them. (Id. ¶ 44.)
On February 21, 2014, Davis called in sick. (PRDSF ¶ 45.) Russell-Booth and Morris also called in sick on the same day. (Id.) Davis claims that she was not paid for the day even though she had available sick time. (DRPSAF ¶ 46.) In response to Davis's sick day, Fellows, who was a Human Services Casework Manager, issued Davis a “Counseling,” which appears to be a type of written reprimand. (PRDSF ¶¶ 7, 46.) According to Davis, Lopez thought Davis Russell-Booth, and Morris had conspired to call in sick on the same day, and so Lopez instructed Fellows to issue Davis the Counseling. (DRPSAF ¶¶ 44-45.) But according to IDHS, the CBA required a doctor's note for a sick day, and Davis did not provide one. (PRDSF ¶ 45.) In...
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