Diaz v. City of Springfield

965 F. Supp. 1152, 1997 U.S. Dist. LEXIS 7525, 1997 WL 282373
CourtDistrict Court, C.D. Illinois
DecidedMay 19, 1997
DocketNo. 95-3111
StatusPublished

This text of 965 F. Supp. 1152 (Diaz v. City of Springfield) is published on Counsel Stack Legal Research, covering District Court, C.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Diaz v. City of Springfield, 965 F. Supp. 1152, 1997 U.S. Dist. LEXIS 7525, 1997 WL 282373 (C.D. Ill. 1997).

Opinion

OPINION

RICHARD MILLS, District Judge:

The world of electrical linemen is a tough one. Apprentice linemen are subjected to a “boot-camp environment,” and treated with attendant profanity, obscenity, degradation and harassment.

It is no place for the thin-skinned or the easily offended. It is a rough-and-tumble initiation into a demanding, dangerous and safety-conscious way of life, requiring a rigid adherence to teamwork and concern for your buddies on the job.

I. BACKGROUND

A. Overview

Robert Diaz, a Hispanic American, brought suit under Title VII of the Civil Rights Act of 1964 protesting that his apprenticeship was canceled by the Joint Apprentice Training Committee for the City of Springfield (“JATC”) which resulted in the termination of his employment with the Department of Public Utilities of the City of Springfield, Illinois (“City”). Diaz claims the aforementioned acts were motivated on the basis of improper considerations relating to his ancestry.

B. Theory of Liability

1. Against the JATC

Diaz’s claim against the JATC is that the singular factor relied on by the JATC was the assessment of Diaz’s performance as an apprentice made by the foremen and journeymen who evaluated him. Diaz claims that many of those foremen and journeymen who were critical of Diaz’s performance were individuals who had a bias against him because of his Hispanic origin. Diaz claims the JATC delegated their responsibility of assessing and evaluating apprentices to the journeymen linemen and foremen. The JATC’s decision to terminate Diaz’s apprenticeship was a byproduct of that process and its decision turned upon those evaluations. Therefore, to the extent that any of the journeymen or foremen were motivated by improper discriminatory considerations in assessing Diaz’s performance, their actions are imputable to the JATC.

2. Against the City

Diaz’s claim against the City is that the City’s decision to terminate Diaz’s employment was motivated by the cancellation of his apprenticeship. The City delegated to the JATC a significant degree of authority in overseeing and evaluating the adequacy of Diaz’s employment with it. Under Title VII, an employer includes not only a person or firm which actually employs individuals, but the agent of such an entity as well. Accordingly, an individual or entity qualifies as an employer even if not actually employing a claimant if that entity serves in either a supervisory position or exercises significant control over the claimant’s hiring, firing, or conditions of employment. In that situation, the individual operates as the alter ego of the employer and the employer is liable for unlawful employment practices of that entity or individual regardless of whether the employer knew of the unlawful conduct. Therefore, Diaz claims that the JATC and the journeymen and foremen who evaluated Diaz were the City’s alter ego.

C.Facts

The city provides electric services to its residents. It employs linemen who are members of the International Brotherhood of Electrical Workers. In order to become a journeyman lineman, an individual must undergo an accredited apprenticeship. The JATC oversees the apprenticeship of craft employees of the City, including linemen. The Board of the JATC is composed of union employees and management employees of the City.

The JATC selects the individuals to undergo an apprenticeship and also monitors the progress of apprentices to determine whether they have satisfactorily met the requirements to advance to journeyman status. It approves apprentices for advancement within the apprenticeship program and possesses [1154]*1154the authority to cancel an individual’s apprenticeship.

The lineman apprenticeship program extends over a four year period. At the end of each year, an apprentice performing satisfactorily advances to the next year of his apprenticeship. An apprenticeship year may be, but is not necessarily, the equivalent of a calendar year. In order to advance from one year of an apprenticeship to the next, an apprentice lineman must perform at least two thousand hours of field work, attend the requisite hours of classroom training and receive satisfactory classroom scores, and receive satisfactory evaluations from the foremen and journeymen who work with him. The JATC does not employ any means of monitoring or testing the field performance of an apprentice other than to rely upon periodic evaluations of an apprentice which are made by journeymen linemen and foremen.

During the first three years of the program, an apprentice only works on secondary voltage (up to 440 volts). The tasks are repetitive and the apprentice is expected to exhibit increased knowledge, skill, autonomy and the ability to teach apprentices behind him in the program as he progresses through those years. In the fourth year of the apprenticeship, apprentices work on primary lines (440 to 12,500 volts).

Diaz began his apprenticeship with the City in 1987. In May 1991, after Diaz had been in the program three years and nine months and was in the third year of his apprenticeship, the JATC canceled his apprenticeship. The JATC concluded that Diaz had not satisfactorily progressed in his apprenticeship due to perceived performance shortcomings. Diaz had appeared before the JATC several times to discuss his poor work performance. The basis of the JATC’s decision to cancel Diaz’s apprenticeship was the evaluations of the journeymen and foremen who worked with Diaz. Based on the termination of Diaz’s apprenticeship, the City terminated Diaz’s employment with the City.

1. First Year Apprenticeship

Diaz worked for the City of Springfield from 1987 to May 10, 1991. In his first year of the apprenticeship program, Diaz, like all apprentices, went to climbing school. But Diaz was injured during that training. Because the rest of his apprenticeship class completed climbing school, Diaz’s final four days of training were conducted by Thomas MeGrew, a journeyman lineman (now retired). McGrow's initial impression of Diaz was that Diaz did not know what he was getting into and that he was too small to do the work. MeGrew testified that he was going to make those four days so tough that Diaz would either quit or would be a good climber. MeGrew claimed Diaz did “doggone well.”

From January 4,1988 to February 9,1988, Diaz worked on Bob Baker’s crew. Diaz testified that Baker called him “Cuban asshole,” “wetback,” and “boat people.” Diaz testified about an incident when he was made to jackhammer frozen dirt for two hours in 16 degree weather while the foreman stayed in the truck. Baker testified that this was not unusual because the apprentice always gets the undesirable duties.

On January 14, 1988, Diaz received a request from the JATC to attend the February 9, 1988 meeting to discuss the below-average apprenticeship reports. Ken Files and Real Coutu, two of the men Diaz had worked with to date, indicated that Diaz had some trouble with retention but that he had shown improvement. Diaz was held back from moving onto the second year of his apprenticeship for a period of three months.

From February 10, 1988 to March 31, 1988, Diaz worked on Mark Carloek’s crew with Denver Eytchison as the journeyman lineman.

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965 F. Supp. 1152, 1997 U.S. Dist. LEXIS 7525, 1997 WL 282373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/diaz-v-city-of-springfield-ilcd-1997.