David v. Board of Trustees of Community College District No. 508

846 F.3d 216, 2017 WL 129114, 2017 U.S. App. LEXIS 696, 100 Empl. Prac. Dec. (CCH) 45,722, 129 Fair Empl. Prac. Cas. (BNA) 1505
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 13, 2017
Docket15-2132
StatusPublished
Cited by426 cases

This text of 846 F.3d 216 (David v. Board of Trustees of Community College District No. 508) 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
David v. Board of Trustees of Community College District No. 508, 846 F.3d 216, 2017 WL 129114, 2017 U.S. App. LEXIS 696, 100 Empl. Prac. Dec. (CCH) 45,722, 129 Fair Empl. Prac. Cas. (BNA) 1505 (7th Cir. 2017).

Opinion

RIPPLE, Circuit Judge.

Celeste David, an African-American woman over the age of forty, was an employee of the City Colleges of Chicago (“CCC”) from 1980 until 2012. She announced in August 2011 that she planned to retire in June of the following year. After her announcement, she requested a change in title and an increase in salary because she was performing additional responsibilities related to the implementation of a software system; she was not awarded either. Following her retirement, her job duties were performed by Christopher Reyes, an Asian man under the age of forty, who was paid substantially more than Ms. David.

Ms. David subsequently brought this action alleging that she was denied a pay increase on the basis of her race, sex, and age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C, § 2000e et seq.; and the Equal Pay Act, 29 U.S.C, § 206(d). The district court granted summary judgment to CCC. Because we believe that the record, assessed in its entirety, does not contain sufficient evidence to permit a verdict for Ms. David on any of the counts, we now affirm the judgment of- the district court.

I

BACKGROUND

A..

Ms. David began working for CCC in October 1980. She held different positions throughout her career, but her final position at CCC was Manager of End-User Services in CCC’s Office of Information Technology (“OIT”). In that position, Ms. David worked in computer support: she oversaw staff at the help desk and compiled internal reports of student data and external reports of staffing, building, and salary data required by the Illinois Community College Board and the Illinois Board of Higher Education. According to the job description for the Manager of End-User Services position, the qualifications include a “Bachelor’s Degree in Computer Science, Information Science, Computer Information Systems, Data Processing, or an appropriate related field.” 1 The job description also provides, however, that “[a] combination of educational and work experience may be taken into consideration at the discretion of the administration.” 2 Ms. David’s salary at the time of her retirement in 2012 was $75,594.67.

*220 In 2001, “CCC implemented a new web application!,] PeopleSoft[,] for the collection and retention of [CCC’s] educational, personnel, and financial data.” 3 PeopleSoft has several “pillars” directed toward different aspects of school administration: student administration, human resources, and financials. 4 When CCC began implementing the PeopleSoft application, Ms. David “was assigned to handle the security-function of the application,” which “included: acting upon requests to give or remove a CCC employee or student’s access to various levels of the PeopleSoft pillars and creating reports detailing which individuals had what levels of access to the system.” 5 From the time PeopleSoft was implemented in 2001 until October 11, 2011, CCC contracted with a company called Sync Solutions “to provide staff augmentation services to the OIT.” 6 During this time, a Sync Solutions IT consultant, Christopher Reyes, assisted Ms. David with her PeopleSoft security duties.

In 2011, due to the expiration of the contract with Sync Solutions, OIT made an effort to hire internally former Sync Solutions consultants to support PeopleSoft and other key applications. One of those individuals was Reyes. 7 In October 2011, Reyes applied for, and received, the position of “Functional Applications Analyst,” which required a Bachelor’s Degree in a relevant field. 8 In that position, he “was responsible for configuring the PeopleSoft Student Administration pillar” and reported directly to Valerie Davis, District Director of PeopleSoft Student Systems. 9 Initially, Reyes continued to assist Ms. David with her PeopleSoft security duties, specifically generating required reports. Once he had taught Ms. David his methods for performing these tasks, she began performing these functions on her own, and Reyes focused exclusively on the People-Soft student administration application.

On August 1, 2011, prior to CCC’s hiring Reyes, Ms. David had announced her intention to retire on June 30, 2012. Approximately one month later, Ms. David met with Craig Lynch, the Vice Chancellor for OIT, who had the authority to make promotion recommendations to the Chancellor. 10 Ms. David asked Lynch for a new job title and more pay because she was performing additional tasks related to People-Soft security. Lynch told Ms. David to complete a Job Analysis Questionnaire (“JAQ”), a form that CCC employees can fill out to request more pay or a different title. Lynch also said that he would look into her job description and pay level. At some point during the meeting, Lynch inquired of Ms. David, “aren’t you about to retire!?]” 11

Lynch reviewed Ms. David’s job description and acknowledged that it did not include a description of Ms. David’s Peo-pleSoft security duties. However, he con- *221 eluded that, even if some change should be made in job description or job title, it was a lateral move that did not require additional compensation because the additional duties were “transactional in nature and did not involve analysis, critical thinking [or] problem solving.” 12 Lynch did send an email to CCC’s Executive Director of Compensation and Staffing, Jane Barnes, 13 which stated: “Celeste David is working in a position that is not in alignment with her description.... Does it make sense to re-title her (not sure if she would need additional compensation)? Let me know. I need to update her on what the possibilities are.” 14

In her deposition, Barnes testified that she does not recall specifically responding to Lynch, but believes that she spoke to him. It is undisputed, however, that she would have been disinclined to seek a raise for Ms. David because giving her a raise over a certain amount would have resulted in a fíne by the State University Retirement System (“SURS”). 15 Moreover, Barnes did not believe that Ms. David’s position should be retitled or that she should receive a raise “because the creation and approval of a new position and salary would take several months, and [Ms. David] was retiring in June 2012.”

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846 F.3d 216, 2017 WL 129114, 2017 U.S. App. LEXIS 696, 100 Empl. Prac. Dec. (CCH) 45,722, 129 Fair Empl. Prac. Cas. (BNA) 1505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-v-board-of-trustees-of-community-college-district-no-508-ca7-2017.