Anna M. Hall v. City of Chicago

713 F.3d 325, 2013 WL 1274529, 2013 U.S. App. LEXIS 6288, 117 Fair Empl. Prac. Cas. (BNA) 1423
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 29, 2013
Docket11-3279
StatusPublished
Cited by80 cases

This text of 713 F.3d 325 (Anna M. Hall v. City of Chicago) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anna M. Hall v. City of Chicago, 713 F.3d 325, 2013 WL 1274529, 2013 U.S. App. LEXIS 6288, 117 Fair Empl. Prac. Cas. (BNA) 1423 (7th Cir. 2013).

Opinion

FLAUM, Circuit Judge.

Anna Hall was a female plumber working in the House Drain Inspectors Division of Chicago’s Department of Sewers, in which all other non-support staff employees were male. She alleges that her supervisor, Gregory Johnson, created a hostile work environment under Title VII. Hall argues that, because she was female, Johnson assigned her menial work, prohibited her coworkers from interacting with her, and subjected her to verbal violence. The district court granted summary judgment after concluding Johnson’s conduct was not hostile particularly in comparison to other employees’ responsibilities. It also concluded that Hall failed to produce evidence that Johnson’s conduct was because of her sex. We reverse as we conclude that a jury could infer Johnson’s deliberate isolation of Hall was sufficiently pervasive to constitute a hostile work environment. On the much closer question of whether Hall’s gender played a part in Johnson’s actions, we determine that sufficient evidence to that effect can arguably be deduced from Johnson’s comments.

I. Background

A. Factual Background

Although Hall has been a plumber for the City of Chicago since 1995, she was on full-time disability leave from 1999 to 2003 due to a work-related injury. As part of the City’s return-to-work program, which the Department of Sewers implemented in 2003, Hall returned to the City’s employ with the limitation that she could not lift over twenty-five pounds. Hall and the City agree this restriction precluded her from resuming work as a plumber, so Hall began working in the House Drain Inspectors Division of the Department. Gregory Johnson supervised the Division, which at the time was composed of thirteen male house drain inspectors and Tonya Cashew, Johnson’s female secretary.

House drain inspectors primarily investigate piping that connects residential homes with the City’s sewer lines as part of the City’s “private drain program,” which aids property owners in repairing damage to the City’s piping that affects residential plumbing. To determine property owners’ eligibility for the program, the house drain inspectors run a video camera through the piping to observe whether the drainage problem is on the City’s side of the system. Naturally, this video captures images of feces, feminine hygiene products, and other items flushed down toilets. When the inspectors return to the office, Johnson or another supervisor reviews the videos and confirms the *328 inspectors’ conclusions. Afterwards, the tapes remain on file at the office in case a resident or a member of the city council inquires about the Division’s determination.

Hall’s assignment to the House Drain Inspectors Division was a “light-duty” assignment because of her work restrictions. When she began in the Division, Johnson assigned her to alphabetize various files for several weeks. This work turned repetitive, not just because it was her only task, but because, according to Hall, Johnson gave her the same papers to sort over and over again. A few weeks later, Johnson gave Hall a box of the drainpipe videos. Hall inquired what Johnson wanted her do with them, to which Johnson responded: “You’re a plumber. You figure it out.” As she did with the papers, Hall began repetitively watching the videos. And although she claims she obediently took notes on what she observed, Hall testified no one ever reviewed her notes or accessed the videos she watched. One of the house drain inspectors, Thomas Cotton, testified that Hall’s “assignment ... was like a non-assignment” and that she should have done office work rather than “sitting there watching videos that meant nothing to her.” Another co-worker, Robert Owens, assumed the assignment was designed to “kill time.”

Johnson claimed that Hall’s notes aided him in responding to potential inquiries. He stated he gave Hall forms to complete and file in conjunction with this end, although the City never produced them. Moreover, in preparing for an auditor’s review of the Department, Hall described her work more generously in a description she prepared, identifying her duties as “[rjeviewing private drain program videotapes through observation of tapes[;j [a] licensed plumber will interpret what should be placed on a daily inspection report, perusal by supervisor.” However, Johnson admitted that he had already reviewed and taken his own notes on the tapes he gave Hall, making Hall’s task duplicative.

After several dissatisfying weeks with her assignment, Hall told Johnson she thought she could provide more assistance by, for instance, accompanying drain inspectors on visits or explaining inspection procedures to homeowners. She eventually complained to Mary Jo Falcon, the Sewers Department’s personnel director, who eventually scheduled a meeting on the subject. Falcon dismissed Hall’s complaints, and in the process, called her a “trouble maker,” referencing previous legal claims she made against the City. Hall continued reviewing videos until she left the Division in 2005, nearly two years after she arrived.

Meanwhile, in addition to her menial work, Johnson forbade the Division employees from speaking to or associating with Hall. Moreover, at a Division meeting just days after she started work, Johnson asked her to leave, and he ultimately excluded Hall from every meeting during her time in the Division. Cotton confirmed that Johnson made clear no one was to talk to Hall. Johnson justified severing contact with Hall because he feared the union would not approve of intermingling a plumber with house drain inspectors even though they belonged to the same union. He also used this reason to justify actively suppressing some of Hall’s efforts to take on more responsibility in the Division. For instance, he once reprimanded Owens for reviewing blueprints with Hall. He also stated “if a person does something for so long, they can ... request to be hired,” and he did not want Hall “ever to be hired” as a house drain inspector. Despite his expiar nation, Johnson admitted no one ever told him that Hall was not to do house drain *329 inspector work. In fact, his deposition testimony is apparently in tension with the union justification. He acknowledged that a plumber could learn to do house drain inspector work, and when he was asked why he forbade Owens from looking at the blueprints with Hall, he said “[n]o reason for it[;] [tjhat was an inspector’s job.”

The record reveals several situations in which Johnson allegedly directed anger towards Hall. First, Hall testified that on several occasions Johnson tried to “bump” her in the hall, succeeding one time and leading Hall to contact the police, her union, and her attorneys. The bump only “touehjed]” her; it did not knock her down and she continued to work. Hall also testified she heard Johnson discussing “cursing somebody out,” and a coworker later told Hall that Johnson was referencing her. Hall thought Johnson made the statements knowing she was within earshot. Johnson also called Hall “stupid” and on another occasion raised his hand to her and yelled “get out.”

Johnson was apparently friendly with the only other woman in the office, his secretary, but Johnson allegedly made a few gender-specific comments amid the animus directed at Hall.

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713 F.3d 325, 2013 WL 1274529, 2013 U.S. App. LEXIS 6288, 117 Fair Empl. Prac. Cas. (BNA) 1423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anna-m-hall-v-city-of-chicago-ca7-2013.