Geraty v. Village of Antioch

941 F. Supp. 2d 918, 2013 WL 1707949, 2013 U.S. Dist. LEXIS 56094, 118 Fair Empl. Prac. Cas. (BNA) 375
CourtDistrict Court, N.D. Illinois
DecidedApril 18, 2013
DocketCase No. 09 C 6992
StatusPublished

This text of 941 F. Supp. 2d 918 (Geraty v. Village of Antioch) 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
Geraty v. Village of Antioch, 941 F. Supp. 2d 918, 2013 WL 1707949, 2013 U.S. Dist. LEXIS 56094, 118 Fair Empl. Prac. Cas. (BNA) 375 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION & ORDER

JOAN B. GOTTSCHALL, District Judge.

Plaintiff Dawn Geraty, a police officer in the Village of Antioch (“the Village”), brought a single-count complaint under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., alleging that the Village discriminated against her on the basis of her sex by failing to promote her to the position of police sergeant and by failing to transfer her to the position of detective. The Village has moved for summary judgment pursuant to Federal Rule of Civil Procedure 56. Because, construing the facts and drawing all inferences in Geraty’s favor, a reasonable jury could find that the Village discriminated against Geraty based on her sex, the motion is denied.

I. Background

The following facts are undisputed unless otherwise noted.1 For purposes of the motion for summary judgment, the court construes the facts as favorably to Geraty as the record will allow. Geraty was hired as a patrol officer by the Village in 1993. She was the first female officer hired by the Village’s police department (“the' department”). As of November 2006, the department had twenty-seven police officers — including five female officers — but no female officers served as sergeants, detectives, or in any other supervisory positions.

James Foerster was appointed the Village’s Chief of Police in 2006. Prior to Foerster’s appointment, Geraty had been targeted by a former Chief of Police, who tried to force her out of her position. No male police officers were similarly target[921]*921ed. Foerster testified at deposition that prior to 2006, he had provided a very positive performance evaluation for Geraty, but that his superiors had downgraded the review to appease the then-presiding Chief.

In 2006, the department began the process of promoting officers to sergeant, a first-line supervisor position. Geraty was the only woman who submitted herself for the 2006 promotion process. At the time, she had twelve years of experience in the department — the second-most seniority among the officers who presented themselves as candidates for sergeant. It is undisputed that she was a highly experienced and well-rounded police officer and was one of the more capable officers in the department. Geraty argues that she was qualified to become either a sergeant or a detective, another position she sought. As support, she points to the deposition testimony of fellow officers Tom Nowatarski and Geoff Guttschow and department supervisors Commander Ron Roth, Commander Ron Nauman, and former Chief Charles Fagan, all of whom testified that, in their opinion, she was qualified for the positions. One officer who supervised Geraty testified that she was a “very informative” oral communicator. (P.’s Ex. 6 (Fagan Dep. 24:6).) Another called her the “Wolverine” because of the tenacious nature of her police work. (P.’s Ex. 3 (Nauman Dep. 54:12-13).)

A. The 2006 Sergeant List

A new list of Village police officers eligible for promotion to sergeant is created about every three years, or when no eligible officers remain on the Village’s existing list. The list is created by the Village’s Board of Police and Fire Commissioners (“the Board”). The Board is made up of three commissioners appointed by the Mayor. In 2006, those three were Gerald Kozenski, Kevin Schoudel, and Deirdre Palmer Sweetwood (“Palmer”). None had any law enforcement background. The commissioners generally operated pursuant to the Village’s “Rules and Regulations of the Board of Police Commissioners,” although the parties dispute whether those rules were actually followed during the 2006 promotion process.

In February 2006, Officer Guttschow requested that his name be removed from the existing sergeant list, which had been created in 2003. As no other officers remained on that list, the Board began the process of creating a new list. At the February 24, 2006, Board meeting, the Board provided Foerster with a sign-up sheet for sergeant candidates, to be posted publicly. Twelve officers, including Geraty, signed up. Foerster testified that he knew in February 2006 that Geraty wanted to be promoted to sergeant.

On March 7, 2006, Foerster attended a Board meeting and provided the Board with the list of officers who had signed up for the promotion process. The process by which the new sergeant list would be created was discussed at that meeting. It consisted of three parts: an anonymous written test, a subjective oral interview, and a discretionary Department Merit and Efficiency Rating assigned by the Chief of Police (“Chief Points”). To rank officers on the sergeant list, the Board was to incorporate these components into an overall score. The written test and oral interview each constituted 35% of the overall score, and the Chief Points constituted 20% of the overall score. The final 10% of the overall score included up to five points for seniority and five points for military service. Police officers were eligible for the military service points only if they had not already received credit for their military service when applying to be a police officer. The written exam and oral interviews were scheduled at an April 11, 2006, Board meeting, which Foerster attended.

[922]*922On May 3, 2006, three days before the written sergeant promotion exam was administered, Foerster met with Geraty privately in his office. The parties agree that the two discussed Geraty’s intent to apply for the sergeant’s position, but they dispute what was said. Geraty testified during her deposition, based on her notes documenting the conversation, that she stated to Foerster that she was “very excited for the upcoming sergeant’s exam,” for which she was “studying very hard.” (P.’s Ex. 2 (Geraty Dep. 63:5-7).) Geraty testified that Foerster replied that he “did not even know [she] was interested in the sergeant position because he didn’t think it would work out with [her] home [and] family life.” (Id. at 63:7-10.) Geraty testified that she responded that her family life “would not be a problem” with regard to the sergeant position. (Id.) Foerster, in turn, testified that, three years earlier, Geraty had told him that she was not going to sign up for the previous sergeant’s exam because a sergeant’s work schedule would not work for her family. (D.’s Ex. F (Foerster Dep. 194:3-5).) He denied that in 2006, he told Geraty that he did not think she should apply to be a sergeant. (Id. at 195:21-196:24.) Rather, he claimed that he was happy that she planned to take the exam because “three years prior to that [he] had to talk her into [taking the 2003 sergeant’s exam].”2 (Id. at 196:2-4.)

The written exam was conducted on May 6, 2006. The candidates were provided with an exam number so that they would remain anonymous. The commissioners testified at deposition that applicants who attempted to violate the anonymous nature of the written exam should have been disqualified from the promotion process. The written exam was graded by hand by each of the three commissioners. A passing score was 70. Geraty received a 76, the third-highest score of the officers taking the exam. She was one of nine officers who passed the exam.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Egonmwan v. Cook County Sheriff's Department
602 F.3d 845 (Seventh Circuit, 2010)
Phillips v. Martin Marietta Corp.
400 U.S. 542 (Supreme Court, 1971)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Price Waterhouse v. Hopkins
490 U.S. 228 (Supreme Court, 1989)
Ash v. Tyson Foods, Inc.
546 U.S. 454 (Supreme Court, 2006)
Tina Lewallen v. City of Beaumont
394 F. App'x 38 (Fifth Circuit, 2010)
Bruno v. City Of Crown Point
950 F.2d 355 (Seventh Circuit, 1992)
Good v. University of Chicago Medical Center
673 F.3d 670 (Seventh Circuit, 2012)
William Radue v. Kimberly-Clark Corporation
219 F.3d 612 (Seventh Circuit, 2000)
Celena Venturelli v. Arc Community Services, Inc.
350 F.3d 592 (Seventh Circuit, 2003)
Brenda O'Neal v. City of Chicago and Jerry Robinson
392 F.3d 909 (Seventh Circuit, 2004)
Whitmore's Automotive Services, Inc. v. Lake County
424 F.3d 659 (Seventh Circuit, 2005)
Kidwell v. Eisenhauer
679 F.3d 957 (Seventh Circuit, 2012)
Fischer v. Avanade, Inc.
519 F.3d 393 (Seventh Circuit, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
941 F. Supp. 2d 918, 2013 WL 1707949, 2013 U.S. Dist. LEXIS 56094, 118 Fair Empl. Prac. Cas. (BNA) 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/geraty-v-village-of-antioch-ilnd-2013.