Darlene JAMES, Plaintiff-Appellant, v. Michael SHEAHAN, in His Capacity as Cook County Sheriff, Defendant-Appellee

137 F.3d 1003, 1998 U.S. App. LEXIS 3685, 72 Empl. Prac. Dec. (CCH) 45,238, 76 Fair Empl. Prac. Cas. (BNA) 523, 1998 WL 89135
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 4, 1998
Docket97-1785
StatusPublished
Cited by71 cases

This text of 137 F.3d 1003 (Darlene JAMES, Plaintiff-Appellant, v. Michael SHEAHAN, in His Capacity as Cook County Sheriff, Defendant-Appellee) 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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Darlene JAMES, Plaintiff-Appellant, v. Michael SHEAHAN, in His Capacity as Cook County Sheriff, Defendant-Appellee, 137 F.3d 1003, 1998 U.S. App. LEXIS 3685, 72 Empl. Prac. Dec. (CCH) 45,238, 76 Fair Empl. Prac. Cas. (BNA) 523, 1998 WL 89135 (7th Cir. 1998).

Opinion

KANNE, Circuit Judge.

Darlene James appeals the district court’s grant of summary judgment on her claim that she was. denied promotion to Cook County Sheriff’s police officer on the basis of her sex and age, in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 *1005 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq., respectively. Although James was ostensibly qualified for the position, Cook County Sheriff Michael Sheahan (the “Sheriff’) claims that James was not recommended for appointment to the position due to suspicion that her 1986 Merit Board test score was fraudulent. The district court concluded that James failed to demonstrate that the Sheriffs stated reason for not recommending her was a pretext for sex or age discrimination. We affirm.

I. BACKGROUND

In 1986 James took the written exam required for hire as a corrections officer with the Cook County Sheriffs Office (“Sheriffs Office”). On January 4, 1988, the Sheriffs Office hired James for the position. As an employee of the Sheriffs Office, James could qualify for employment as a deputy sheriff or a Sheriffs police officer by fulfilling certain requirements. In June 1992, at the age, of forty, James took and passed the written exam required for appointment as a Sheriffs police officer. Consequently, she was placed on the August 1992 certification list of applicants eligible to be hired.

James was thereafter interviewed by the •Sheriffs Police Department, as are most applicants. In March 1993, the police department published a list of the applicants it had interviewed and their ratings, which were “highly acceptable,” “acceptable,” or “not acceptable.” James was listed among the applicants rated as “highly acceptable.”

The next hurdle was the Peace Officer Wellness Evaluation Report (the “POWER test”), a physical fitness test mandated by the State of Illinois as a prerequisite to enrollment in any Illinois certified police academy. As the number of police officer positions was limited, Martin Walsh, the Director of Operations, and Marynell O’Connell, the Personnel Director, would select the applicants they deemed most qualified to take the POWER test. In September 1993, James was selected to take the POWER test. James passed the test; however, she was not promoted by the Sheriffs Police Department. James was again called to take the POWER test in December 1993. As before, James passed the test but was not promoted.

Walsh and O’Connell ultimately were responsible for recommending employees for appointment to the Sheriffs police force. They claim they never recommended James due to suspicion that her Merit Board test score had been falsified. (Although the record does not make clear which test score was altered—the 1986 test score or the 1992 test score—during oral argument James’s counsel stated that the 1986 test score was the one at issue.) This suspicion began when Walsh received an anonymous telephone call sometime between September 14 and September 27, 1993. The anonymous caller was a man who recommended that Walsh look into James’s background.

Walsh told O’Connell about the anonymous call, and she reviewed James’s Merit Board file prior to the beginning of the October 1993 Sheriffs police academy class. O’Con-nell discovered that James’s 1986 Merit Board test score had been erased and rewritten on the answer sheet: O’Connell could not verify whether the score had actually been changed because the file contained the answer sheet but not the answer key, and the Merit Board did not have the answer key.

O’Connell did not report the suspicious test score purportedly because she could not verify its falsity. However, O’Connell also did not recommend James for appointment as a Sheriffs police officer. Notwithstanding this decision, James’s name has not been removed from the list of eligible candidates.

To place O’Connell’s decision in context, we note that since April 1992, the United States Attorney’s Office for the Northern District of Illinois and the Federal Bureau of Investigation (“FBI”), Chicago Office, have been investigating the corrupt practices of the Cook County Sheriffs Office and the Cook County Sheriffs Merit Board. The investigation targeted employees hired during Sheriff O’Grady’s administration between 1987 and 1991, the period during which James was hired. The files of employees hired during this time period are being reviewed for false high school diplomas or high school equivalency (“GED”) certificates, and *1006 any evidence of altered test scores on Merit Board exams of corrections officers or deputy sheriffs. The FBI has named 351 employees who are believed to have altered test scores. James was not one of those named. However, James admits that “certain persons who were suspects or accused in the GED, [d]iploma, test results or other investigations were considered ineligible for hire as Sheriffs police officers.”

James filed a charge of discrimination with the Equal Employment Opportunity Commission, alleging sex and age discrimination. As evidence of this discrimination, James cites the gender and relative youth of the August 1992 certified candidates who were selected to take the POWER test and/or hired as Sheriffs police officers, who were allegedly less qualified than she.

The district court granted summary judgment to the Sheriff on both of James’s claims. The court held that James had established a prima facie case of age and sex discrimination under the test set forth in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), based on the Sheriffs admission that “[a]ll of the employees who took and passed the Power Test were similarly situated relative to the basic requirements for appointment,” and the conclusion that “[w]hen a defendant’s rationale for rejection is not plaintiffs deficiency to meet a basic qualification, the [case] is initially analyzed under the second step of the McDonnell framework.” The latter proposition, however, ignores the Sheriffs arguments that James did not suffer any materially adverse employment action, and that everyone (other than James) on the August 1992 certification list who passed the POWER test and was a woman or over the age of 40 had been appointed to the position of Sheriffs police officer. Nevertheless, the district court held that James failed to produce sufficient evidence to show that the Sheriffs stated reason for not promoting James was a pretext for sex or age discrimination. This appeal followed.

II. DISCUSSION

A. Standard of Review

We review the district court’s grant of summary judgment de novo. Essex v. United Parcel Serv., Inc., 111 F.3d 1304, 1308 (7th Cir.1997). Applying the same standards as the district court, all facts and inferences are viewed in the light most favorable to the non-moving party. Oates v. Discovery Zone,

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137 F.3d 1003, 1998 U.S. App. LEXIS 3685, 72 Empl. Prac. Dec. (CCH) 45,238, 76 Fair Empl. Prac. Cas. (BNA) 523, 1998 WL 89135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/darlene-james-plaintiff-appellant-v-michael-sheahan-in-his-capacity-as-ca7-1998.