Carla Boston v. United States Steel Corporati

816 F.3d 455, 2016 U.S. App. LEXIS 4135, 99 Empl. Prac. Dec. (CCH) 45,507, 128 Fair Empl. Prac. Cas. (BNA) 1471, 2016 WL 851552
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 4, 2016
Docket15-2795
StatusPublished
Cited by82 cases

This text of 816 F.3d 455 (Carla Boston v. United States Steel Corporati) 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.

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Carla Boston v. United States Steel Corporati, 816 F.3d 455, 2016 U.S. App. LEXIS 4135, 99 Empl. Prac. Dec. (CCH) 45,507, 128 Fair Empl. Prac. Cas. (BNA) 1471, 2016 WL 851552 (7th Cir. 2016).

Opinion

FLAUM, Circuit Judge.

Plaintiff-appellant Carla Boston worked at defendant-appellee U.S. Steel Corporation (“U.S. Steel”) for eighteen years before she was laid off in December 2008, along with a number of other employees. While on layoff status, Boston remained eligible to bid on posted positions for which she was qualified. Between September 2010 and January 2012, Bbston was awarded, and subsequently disqualified from, three-different clerical positions at the plant.

On April 10, 2012, Boston filed a complaint with the Equal Employment Opportunity Commission (“EEOC”) asserting that she was laid off on January Í0, 2012 in retaliation for an earlier EEOC discrimination charge she had filed in October 2010. She filed suit in federal court on June 3, 2013, seeking relief for retaliation under Title VII and the Age Discrimination and Employment Act (“ADEA”). She also asserted a common law-claim for intentional infliction of emotional distress (“IIED”). - The district court granted U.S. Steel’s motion for summary judgment as to both claims. We affirm.

I. Background

'Carla Boston worked for U.S. Steel (formerly the National Steel Corporation) at Granite City Works from January Í991 until she was laid off in December 2008. She was hired initially-as a Secretary in the Engineering Department. Labor employees at Granite City Works, including Boston, are represented by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (“the Union”);' The Basic Labor Agreement (“BLA”) negotiated by U.S. Steel and the Union governs the terms of employment for these employees.

During her first eighteen years of employment, Boston performed engineering requests for vendors, ordered supplies,-ensured that computers and printers were functioning properly, and used various computer systems , to keep motes ,and spreadsheets and.place orders. There is no indication that Boston -was anything other than a capable and competent employee during this period. On December 7, 2008, Boston was laid off from her position in the Engineering Department along with a number of other employees at the plant.

A. October 2010 Disqualification

Boston- remained on layoff status until she. bid on a Clerical II position in. the Basic Oxygen Furnace (“BOF”) Department. Boston was awarded the job and started work on September 13, 2010. The BLA provided a thirty-day training period for the new position.

■There is a dispute- over Boston’s performance in the BOF position. U.S. Steel *460 asserts that it quickly became apparent to Boston’s supervisors that she was not showing sufficient progress. Boston, for her part, offers a different account of her time in the BOF Department. She notes that Neil Witt, a division manager, claimed her computer skills were deficient but that Witt was not responsible for evaluating her. One of Boston’s direct supervisors, Tom Kurilla, also stated that she lacked Microsoft Excel skills. But when Kurilla was asked whether Boston’s computer skills impeded the completion of projects, he replied, “No, that I’m aware of.”

Additionally, Witt allegedly told Boston he was surprised to learn that she was sixty-one years old. He asked how long she planned to work and said he did not want to train her if she was going to leave. Boston also contends that Witt and Kurilla came into her office one evening, stood over her in a threating manner, and told her there was a young man in engineering who had bid for her job. Witt purportedly said: “[W]e are very gun shy here about a woman being on this job. The last two women had walked off the job.” On October 1, another supervisor, Doug Wood, who Boston claims was complicit in failing to train her, allegedly threatened Boston that if she told anyone he was not training her, he would “throw her to the wolves.”

At the end of the thirty-day training period, Boston’s supervisors in the BOF Department recommended returning Boston to her previous position. Boston claims that Witt disqualified her around October 8, 2010, without writing up a report detailing the reasons for this action. According to Boston, a male was hired to fill Boston’s position after she left. Boston returned to layoff status.

At some point after the BOF disqualification, Boston was hired as a data entry employee for Bechtel Engineering at the Wood River Refinery. Boston alleges that her new employer was satisfied with her performance. Boston says she left this position to bid on a position in U.S. Steel’s Human Resource Security, or Pass Control, Department.

B. October 2010 EEOC Discrimination Charge

Boston filed an EEOC charge on October 26, 2010 alleging that she was disqualified from the BOF Clerk position because of her age and sex. The EEOC dismissed Boston’s 2010 charge and she received a Notice of Suit Rights on December 28, 2011. Boston did not file suit against U.S. Steel based on the conduct alleged in the October 2010 EEOC charge within the prescribed ninety-day filing period.

C. May 2011 Disqualification

Boston bid on a Clerical II position in the Pass Control Department and was awarded the position on April 11, 2011.

U.S. Steel asserts that Boston again failed to demonstrate an ability to fulfill the job requirements. But Boston claims that no one gave her a copy of the Pass Control Manual for her own use and study, and that the department administered an exam based on this manual. She also contends that she was not trained for various tasks she was asked to carry out, such as changing cartridges in a badging machine. Boston was tested on the cartridge change and could not complete the task. She was also tested on various computer systems to which she was not granted access.

Boston was disqualified from the Pass Control position after the thirty-day period. She returned to layoff status. Following the Pass Control disqualification, the Union filed a grievance on Boston’s behalf asserting that she was not adequately trained to perform the job. The grievance was denied.

*461 D. January 2012 Disqualification

Boston then bid on another Clerical II position in Maintenance and Operations in the Ironmaking Department (“Ironworks”). She was awarded the position and started work on December 12, 2011. Michelle Fields, an Ironworks Manager, was Boston’s supervisor. An Administrative Assistant in Ironworks, Marcia Graham, was assigned to train Boston. Graham was the only other clerical staffer in Ironworks at that time. ' Graham was tasked with training Boston to perform the various duties of the clerical position, including “missed list procedures.” The missed list is a list of missed inspections that are to be performed in the plant, including maintenance and' electrical inspections. According to U.S. Steel, mistakes associated with the missed list put the department at risk of being written up by auditors. U.S. Steel asserts that during training, Boston had access to a computer in her office and was provided with at least fifty-eight pages of computer “screen prints” so Boston could take notes as she and Graham worked through .tasks. However, Boston, claims that. she was not provided with computer access and was not trained on any computer program.

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816 F.3d 455, 2016 U.S. App. LEXIS 4135, 99 Empl. Prac. Dec. (CCH) 45,507, 128 Fair Empl. Prac. Cas. (BNA) 1471, 2016 WL 851552, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carla-boston-v-united-states-steel-corporati-ca7-2016.