Nowak v. International Truck and Engine Corp.
| Decision Date | 19 December 2005 |
| Docket Number | No. 03 C 4971.,03 C 4971. |
| Citation | 406 F.Supp.2d 954 |
| Court | U.S. District Court — Northern District of Illinois |
| Parties | Edward NOWAK, Plaintiff, v. INTERNATIONAL TRUCK AND ENGINE CORPORATION, a Delaware corporation doing business in Illinois Defendant. |
Dennis Ray Favaro, Andrew H. Haber, Patrick John Gorman, Favaro & Gorman, Ltd., Palatine, IL, Vihar R. Patel, Attorney General's Office, Chicago, IL, for Plaintiff.
Garrison L. Phillips, David J. Parsons, Littler Mendelson, P.C., Chicago, IL, for Defendant.
Plaintiff Edward Nowak ("Nowak") filed a nine-count, third amended complaint against defendant International Truck and Engine Corporation ("International") alleging that International failed to promote Nowak to various positions because of his age (63), in violation of the Age Discrimination in Employment Act, 29 U.S.C. §§ 621 et seq. ("ADEA"); his race (caucasian), in violation of the Civil Rights Act of 1866 as amended, 42 U.S.C. § 1981 ("Section 1981"); and his sex (male), in violation of the Civil Rights Act of 1964 as amended, 42 U.S.C. §§ 2000e-1 et seq. ("Title VII"). Nowak also alleges five counts of retaliation based on his receipt of negative performance evaluations (Count VI-VII); his inability to apply for a job opening (Count VIII); and his subsequent termination (Count IX). International has moved for summary judgment on all counts. This court has jurisdiction under 28 U.S.C. § 1331, 29 U.S.C. § 626(b). 29 U.S.C. § 216(b), and 42 U.S.C. § 2000e-5(f)(3). For the reasons set forth below, International's motion is granted in part and denied in part.
Summary judgment obviates the need for a trial where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). To determine whether any genuine fact exists, the court must pierce the pleadings and assess the proof as presented in depositions, answers to interrogatories, admissions, and affidavits that are part of the record. Fed R. Civ. P. 56(c) Advisory Committee's notes. The party seeking summary judgment bears the initial burden of proving there is no genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In response, the non-moving party cannot rest on bare pleadings alone but must use the evidentiary tools listed above to designate specific material facts showing that there is a genuine issue for trial. Id. at 324, 106 S.Ct. 2548; Insolia v. Philip Morris Inc., 216 F.3d 596, 598 (7th Cir.2000). A material fact must be outcome determinative under the governing law. Insolia, 216 F.3d at 598-99. Although a bare contention that an issue of fact exists is insufficient to create a factual dispute, Bellaver v. Quanex Corp., 200 F.3d 485, 492 (7th Cir.2000), the court must construe all facts in a light most favorable to the non-moving party as well as view all reasonable inferences in that party's favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
Nowak, a white male born on September 15, 1942, began working at International in 1967 as a trainee in the heat treat department. (International's Local Rule 56.1 Statement of Material Facts ¶ 3, hereinafter "International ¶ ___"). Aside from a two year stint with another company, Nowak held manufacturing positions in the heat treat and machining and assembly departments from 1968 to 1988. Id. ¶ 4. In 1988, Nowak transferred to International's Human Resources Department, where he remained until his termination in September 2004. Id. Prior to his termination, Nowak had advanced to become a Senior Labor Specialist, a level 6 salary grade position. Id. ¶ 5.
Throughout Nowak's tenure at International, Nowak aggressively sought promotions. (Id. ¶ 17). In fact, from 1980 to 2004 Nowak applied for up to 30 positions at International. (Id. ¶ 18). In an effort to improve his prospects, Nowak obtained an MBA and several certifications in human resources management and participated in company-sponsored training opportunities. (Nowak's Local Rule Statement of Additional Material Facts ¶ 4, hereinafter "Nowak ¶ ___"). Despite his improved qualifications, Nowak applied for but was denied several level 7 positions during 2001. His failure to receive any of those promotions is the subject of this lawsuit.
Nowak nominated himself for the position of Human Resources Manager, Information Technology in January 2001. (Nowak ¶ 23). Kay Carroll ("Carroll"), the Human Resources Operations Director posted the position, reviewed the applications, and selected candidates for interviews. Id. ¶¶ 20-22. The person selected for the position was to report to Carroll and to the Vice President of Information Technology, Art Data. Id. ¶ 29. At some point during the selection process, Data told Carroll that "it would be nice to get some diversity in the department." Id.
While Nowak possessed the stated "must requirements" for the position, a bachelor's degree and five years of "Human Resources generalist experience" Carroll did not select him for an interview. Id. ¶ 27. Carroll assessed Nowak's qualifications and decided that he was not sufficiently qualified for the position.1 (International ¶ 23). Carroll then contacted Nowak's supervisor, Mike Bednarz, to inquire as to whether Bednarz had any information regarding Nowak that would change her decision. (Nowak ¶ 31). Bednarz responded that based on Carroll's description of what she was looking for, Nowak did not have the experience for the position. Id. Carroll selected Tanya Griffin, an African-American female under the age of 40. for the position. (International ¶ 24). Prior to arriving at International, Griffin had been a human resources manager at 3M. Id.
Carroll notified Nowak of her decision and explained that she did not believe that he possessed the interviewing or recruiting skills necessary for the position. (Nowak ¶ 27). While Nowak disagreed with her decision, Nowak acknowledges that he had only limited experience recruiting hourly workers for International's manufacturing departments and had no experience recruiting information technology professionals.2 Id. at ¶ 28. Carroll suggested that in order to get the necessary experience Nowak should consider making a lateral transfer into a different position.3
Shortly after he was denied an interview for the Information Technology position, Nowak nominated himself for the position of Business Team Leader, Machining and Production Assurance, which was posted in February 2001. (International ¶¶ 32, 37). The job posting for the position stated "Qualifications that candidate MUST possess in order to gain consideration for this position: ... BS/BA in business or technical area, 3 or more years supervisory experience." (Nowak ¶ 34) (Emphasis in original). Nowak possessed the "must" requirements for the position, but he had not worked in manufacturing for over 12 years. (International ¶¶ 35, 41). In addition, Nowak had no experience leading a group of professional engineers. Id. Though Nowak had supervised skilled trades people during his many years in manufacturing, he had not done so during his nearly 13 years in the human resources department. Id. ¶ 41.
John Davis was selected for the position. Id. ¶ 44. He had served previously as Plant Manager in Florence, Kentucky and as Business Team Unit Leader in International's Huntsville. Alabama facility. Id. Davis's previous positions, like the Business Team Leader, Machining and Production Assurance position, were level 7 salary grade positions. Id. Though Davis had held the same position at a different International facility, he did not satisfy all of the posted "must" requirements for the position. (Nowak ¶ 36). Specifically, Davis did not possess a four-year degree. Id. International's unwritten company policy, however, provided that a position may be awarded to a candidate who does not satisfy a "must" requirement on a job posting if the candidate held the same position elsewhere.4 (International ¶ 46).
Nowak also nominated himself for the position of Human Resources Manager, Corporate Staff, which was posted from August 25, 2001 to September 4, 2001. (International ¶ 47). Carroll again posted the position and participated in the interview of the candidates. Carroll selected only two applicants for interviews: Nowak and Cheryl Blair, an African-American female who was over the age of 50. Id. ¶¶ 50, 51. Blair, the former Manager for Truck Finance and Marketing, was selected for the position. Id.
Carroll notified Nowak that he had not been awarded the position. Id. ¶ 53. Carroll again encouraged Nowak to make a lateral transfer to diversify his experience and better qualify himself for a promotion within the Human Resources department. Id. ¶ 54. Nowak rejected Carroll's suggestion and affirmed that he was only interested in level 7 positions. Id.
Although Carroll stated that she selected Blair because she was more qualified than Nowak, Heather Kos, a human resource employee, told Nowak that Blair had been selected for the position before Nowak interviewed for the position. (International ¶ 52; Nowak ¶ 38). In addition, Nowak learned that Nowak's interviewers did not have a copy of his selfnomination form or resume at the time of his interview. (Nowak ¶ 39).
In December 2001, Nowak was considered for the position of Business Team Leader. Engine Assembly and Materials. (International ¶ 64). Bednarz, Nowak's supervisor, and Bob Hilsen, Director of Continuous Quality for the Engine Group, were responsible for selecting the applicants. Id. ¶ 65. The only...
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