Brown v. Illinois Department of Natural Resources

499 F.3d 675, 2007 U.S. App. LEXIS 20445, 90 Empl. Prac. Dec. (CCH) 42,935, 101 Fair Empl. Prac. Cas. (BNA) 693, 2007 WL 2410062
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 27, 2007
Docket06-1552
StatusPublished
Cited by54 cases

This text of 499 F.3d 675 (Brown v. Illinois Department of Natural Resources) 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
Brown v. Illinois Department of Natural Resources, 499 F.3d 675, 2007 U.S. App. LEXIS 20445, 90 Empl. Prac. Dec. (CCH) 42,935, 101 Fair Empl. Prac. Cas. (BNA) 693, 2007 WL 2410062 (7th Cir. 2007).

Opinion

MANION, Circuit Judge.

Jerry Brown sued the Illinois Department of Natural Resources, alleging that it violated Title VII by discriminating against him because of his race by declining to promote him to a higher payroll level, and retaliating against him for filing a discrimination complaint. The district court granted summary judgment in favor of the Department. Brown appeals, and we affirm.

*677 I.

Jerry Brown, who is black, is employed by the Illinois Waste Management and Research Center (the “WMRC”) in its Oak Brook, Illinois, office. The WMRC is one of four subsections that comprise the Office of Scientific Research and Analysis, which is a division of the Illinois Department of Natural Resources (the “Department”). The WMRC originally hired Brown in November 1994 as a Manufacturing Process Engineer at the assistant professional scientist payroll level. Malcolm Boyle interviewed Brown on behalf of the WMRC, and he recommended that the WMRC hire Brown. Brown’s education includes a bachelor of science degree in chemical engineering from the University of Illinois and a master’s degree in business administration from the University of Chicago. Brown accepted the WMRC’s employment offer.

The WMRC is governed by an eight-member, governor-appointed Board of Natural Resources and Conservation (the “Board”), which is chaired by the director of the Department. The Board has a policy for promotion to higher payroll levels that states that promotion “will be based upon performance from visible and demonstrable evidence that the individual has attained, and/or has the potential to attain, competence and qualifications to function at the promotion level.” The Board allows each of the subsections, including the WMRC, to determine specific guidelines for promotion and procedures for assessment. Prior to 2002, the WMRC’s policy manual provided that to be eligible for promotion, an employee must successfully complete a probationary review period and receive above-average performance evaluations during the performance review period, with a minimum of one year of experience at the WMRC. Beginning in 2002, the WMRC changed its policy manual to state that the above-average performance evaluations should be attained “preferably for two to three consecutive years,” and that the employee should meet the education, years of experience, and time-in-grade requirements of the WMRC’s promotion-track system. The WMRC’s policy manual further provides that in order for a promotion to occur, there must be an available position, a supervisor must recommend an employee for promotion, and the promotion must be approved by the WMRC’s director, the Department’s director, and the Board. Under the WMRC’s promotion guidelines, an employee’s educational degree determines the length of time the employee needs to serve in a particular payroll level before being eligible for promotion. For instance, under the WMRC’s guidelines, to be eligible for promotion from the assistant professional scientist payroll level to the associate professional scientist payroll level, an employee with a bachelor’s degree should have five years time-in-grade, while an employee with a master’s degree should have four years time-in-grade. The WMRC’s manager of human resources testified, however, that the WMRC’s promotion guidelines do not prohibit a supervisor from nominating an employee who does not satisfy the time-in-grade criteria.

Brown’s tenure with the WMRC was marked by mixed performance reviews and criticism of the way in which he interacted with coworkers and clients. Boyle, who was Brown’s supervisor from May 1995 until April 2000, prepared Brown’s performance evaluations during that period. Brown’s May 1995 performance evaluation stated that Brown’s performance was “good” overall, but Brown needed to organize his work more efficiently, keep his supervisor informed about his projects, and ask for help and assistance when needed. Boyle’s April 1997 performance evaluation of Brown stated that Brown had a good attitude generally, but that he was “somewhat argumentative,” needed to *678 work on punctuality, and needed to better organize Ms workload. Brown’s April 1998 performance evaluation described him as “defensive” and “insensitive and abrasive when dealing with other WMRC staff.” That evaluation also noted that while Brown was the leading revenue generator for his office, he continued to have problems arriving to work on time and meeting deadlines, although his tardiness had improved. 1 In September 1998, Brown became eligible for promotion from the assistant professional scientist payroll level to the associate professional scientist payroll level. Boyle testified that he did not recommend Brown for promotion because he believed that Brown’s poor work performance, including his tardiness, argumentative behavior, and late submission of reports and assignments, did not justify his promotion.

In his April 1999 performance evaluation of Brown, Boyle stated that, despite Brown’s efforts to the contrary, he still had conflicts with coworkers, clients and partners, that he had difficulty with his communication skills, and that he required more supervision than his position warranted. In his written comments and responses to that evaluation, Brown stated that he believed he worked well with his coworkers and clients, and that he had good communication skills. The WMRC’s clients who worked with Brown also complained about his work performance. One specific complaint occurred in July 1999, when the WMRC received an e-mail from Warren Buchanan of Chicago Manufacturing Center expressing frustration over Brown’s refusal to provide project updates. The e-mail also requested that the WMRC refrain from assigning Brown to future Chicago Manufacturing Center projects. While Brown contended that it was Buchanan who failed to update his own employees about the project, four other Chicago Manufacturing Center employees complained to the WMRC about Brown’s work performance and about Brown’s failure to keep them informed about projects. Despite Brown’s eligibility, Boyle did not recommend him for promotion in 1999, again based on his continued performance deficiencies.

Brown filed an internal grievance against the WMRC in February 2000, alleging that Boyle and Timothy Lindsey, the manager of the Department’s pollution prevention program, discriminated against him by not recommending him for promotion. One month later, the WMRC’s director, George Vander Velde, responded to Brown’s grievance by stating that the WMRC’s investigation did not yield any evidence of discrimination. Brown’s April 2000 evaluation, which Boyle conducted, contained more comments regarding his poor communication skills and argumentative behavior that hindered his work performance. In response, Brown submitted written comments and responses disputing that assessment. Three months later, in July 2000, William Kern of Saporito Plating informed Lindsey that Brown was not welcome at the Saporito plant because he questioned Brown’s technical credibility and because Brown argued with him. Boyle again did not recommend Brown for promotion because he believed that Brown’s performance issues had not improved.

Effective September 2000, the WMRC placed Brown on probation for receiving an “I” grade on his last evaluation, indicating that his performance need significant improvement. 2

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499 F.3d 675, 2007 U.S. App. LEXIS 20445, 90 Empl. Prac. Dec. (CCH) 42,935, 101 Fair Empl. Prac. Cas. (BNA) 693, 2007 WL 2410062, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-illinois-department-of-natural-resources-ca7-2007.