Eskridge v. Chicago Board of Education

47 F. Supp. 3d 781, 2014 WL 2726625, 2014 U.S. Dist. LEXIS 81391
CourtDistrict Court, N.D. Illinois
DecidedJune 16, 2014
DocketNo. 11 C 7308
StatusPublished
Cited by2 cases

This text of 47 F. Supp. 3d 781 (Eskridge v. Chicago Board of Education) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Eskridge v. Chicago Board of Education, 47 F. Supp. 3d 781, 2014 WL 2726625, 2014 U.S. Dist. LEXIS 81391 (N.D. Ill. 2014).

Opinion

Memorandum Opinion and Order

Honorable Thomas M. Durkin, United States District Judge

Plaintiff Ebony Eskridge, an engineer at Garrett Morgan Elementary School (“Morgan”) from September 2009 to February 2011, alleges that former Morgan principals Linda Walker and Jerrold Washington, the Chicago Board of Education (the “Board”), and Board employee Paul Jones, (collectively, “Defendants”) denied her requests to work overtime after the school day because she was a woman and retaliated against her in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000 et seq. (“Title VII”), and the Equal Pay Act of 1963, 29 U.S.C. § 206(d), as amended (the “Equal Pay Act”). R. 8. Presently before the Court is Defendants’ motion for summary judgment. R. 46. For the reasons explained below, Defendants’ motion is granted.

Legal Standard

Summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see also Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The Court considers the entire evidentiary [784]*784record and must view all of the evidence and draw all reasonable inferences from that evidence in the light most favorable to the nonmovant. Ball v. Kotter, 723 F.3d 813, 821 (7th Cir.2013). To defeat summary judgment, a nonmovant must produce more than “a mere scintilla of evidence” and come forward with “specific facts showing that there is a genuine issue for trial.” Harris N.A. v. Hershey, 711 F.3d 794, 798 (7th Cir.2013). Ultimately, summary judgment is warranted only if a reasonable jury could not return a verdict for the nonmovant. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The following background is a summary of the material facts, viewed in the light most favorable to Eskridge.

Background

In 1998, the Board and Chicago Park District (the “Park District”) entered into an Intergovernmental Agreement, which allowed the Park District and the Board to use each other’s property for various programs. R. 72 at 2-3 (¶ 8). The Board and the Park District agreed that neither party would pay a fee to the other as a result of the usage. Id. at 3 (¶ 8). Morgan was one of the schools that the Park District used to host programs — it became Mahalia Jackson Park .after the school day ended. Id. at 8 (¶ 36). The Chicago Park District Program (“CPDP” or the “Park District program”) generally operated an after-school program at Morgan on Monday through Friday from 2:00 p.m. to 8:00 p.m. Id. at 3 (¶ 10).

Under Principal Walker, there was one engineer staffed at Morgan. R. 72 at 3 (¶ 11). The engineer’s hours were 6:00 a.m. to 2:00 p.m. Id. If the engineers worked during the aftersehool Park District program — after their regularly scheduled time of work — they were paid overtime. R. 48-1 at 25:19-22.1 The engineers maintained the school heating and cooling, performed repairs at the school, and scheduled custodial staff. R. 81 at 7 (¶ 9). The custodians staffed at Morgan worked eight hour shifts on a sliding schedule, so their shifts started at staggered times from 5:00 a.m. through the early afternoon. R. 72 at 3 (¶ 12). Their duties were to keep the facilities at Morgan clean. R. 48-1 at 24:18-20.

The Board had funding, identified by a “bucket number” which could be used to pay for overtime during the Park District program hours. R. 81 at 3 (¶ 4); R. 48-1 at 20:10-22, 57:16-23. When Park District programs were conducted at Morgan, there were normally two custodial workers present for the program. R. 48-1 at 22:10-14. Principal Walker testified that their tasks were to clean and close the building. Id. 23:6-10. The custodians were not paid overtime during the Park District programs unless they had to stay beyond their regular eight hours shifts for an emergency because their shifts included the Park District program hours. Id. at 25:23-27:1.

Linda Walker was the principal of Morgan from May 2002 through June 30, 2010. R. 72 at 1 (¶ 2). From 2003 until August 2005, for unexplained reasons, Principal Walker was absent from Morgan School and was not supervising the staff. Id. at 4 (¶ 15). When Principal Walker returned to the school in October 2005, she was informed by the Office of Operations that the school engineer, Filiberto Hernandez, had accumulated over $4,000 in overtime pay. Id. at 4 (¶ 16). Hernandez trans[785]*785ferred to another Chicago Public School in 2006. R. 72 at 5 (¶ 19).

In October 2006, Principal Walker hired Desmond Hill as the engineer at Morgan School. R. 72 at 5 (¶ 20). Principal Walker testified that she “had allowed Mr. Hill to do payroll, which was customary for engineers to do for their department. And it was brought to [her] attention that he was arbitrarily using Park District at his discretion. Whenever he wanted to work, he was — so [she] had to take that task away from him.” R. 48-1 at 58:13— 22. Principal Walker further testified that Hill was “abusing” the administration of payroll. R. 48-1 at 64:19-65:6. Walker’s testimony suggests that Hill was inputting payroll for CPS, but was also working and entering overtime during the Park District program at his discretion. Hill resigned after an investigation about his time-keeping irregularities, including “double-dipping,” because he was seen at other locations during the time that he was scheduled' to work at Morgan. R. 72 at 5-6 (¶ 23). Principal Walker testified that this caused her to be more vigilant about the use of overtime. R. 72 at 5-6 (¶ 23); R. 48-1 at 59:11-14.

In September 2009, Principal Walker hired Eskridge as an engineer for Morgan. R. 72 at 2 (¶ 7). When Eskridge was hired, Principal Walker told her that “overtime was not needed for the engineer at Morgan.” R. 72 at 6 (¶ 25). It was Principal Walker’s practice to be at the school to supervise the custodians during the Park District program, after the school day ended. R. 48-1 at 50:12-19. If Principal Walker was not there, there was no supervisor to oversee the custodial staff that worked until the end of the Park District program. R. 48-1 at 53:3-9. In September 2009, Eskridge asked the assistant principal, Joseph Haley, if she could work overtime during the Park District program and he approved it. R. 72 at 6 (¶ 26).

On October 22, 2009, Principal Walker issued Eskridge a letter of concern. R. 72 at 7 (¶ 29). The letter asked Eskridge to explain her use of overtime and why, after Principal Walker and Eskridge had “a couple” of conversations about how overtime hours were used at Morgan, Eskridge stayed past her 2:00 p.m. quitting time. Id. However, Principal Walker approved overtime for Eskridge in December 2009 for special projects and emergencies. R. 72 at 6 (¶ 27). On December 24, 2009, Eskridge sent an email to her union president, William Iacullo, stating that she would like to file a grievance because “Ms.

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Cite This Page — Counsel Stack

Bluebook (online)
47 F. Supp. 3d 781, 2014 WL 2726625, 2014 U.S. Dist. LEXIS 81391, Counsel Stack Legal Research, https://law.counselstack.com/opinion/eskridge-v-chicago-board-of-education-ilnd-2014.