Hildebrandt v. Illinois Department of Natural Resources

132 F. Supp. 2d 674, 2001 U.S. Dist. LEXIS 1769, 2001 WL 170606
CourtDistrict Court, C.D. Illinois
DecidedFebruary 20, 2001
Docket98-3313
StatusPublished

This text of 132 F. Supp. 2d 674 (Hildebrandt v. Illinois Department of Natural Resources) 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
Hildebrandt v. Illinois Department of Natural Resources, 132 F. Supp. 2d 674, 2001 U.S. Dist. LEXIS 1769, 2001 WL 170606 (C.D. Ill. 2001).

Opinion

ORDER

SCOTT, District Judge.

This matter comes before the Court on Defendants’ Motion for Summary Judgment. Plaintiff Reinee Hildebrandt is a program administrator in the Forestry Division of Defendant Illinois Department of Natural Resources (DNR). 1 She claims she has been discriminated against because of her gender. She claims that DNR violated her rights under Title VII of the Civil Rights Act 1964, 42 U.S.C. § 2000e, and the Equal Pay Act provisions of the Fair Labor Standards Act, 29 U.S.C. § 206(d). She claims the individual Defendants are liable to her under 42 U.S.C. § 1983 for violating her right to equal protection of the law by discriminating against her because of her gender. For the reasons stated below, the Court finds that issues of fact exist only as to the Equal Pay Act claim within the period of the statute of limitations and that portion of the § 1983 claim against Defendant Little that concerns Hildebrandt’s 1997 raise. The Motion for Summary Judgment is denied as to these two claims. The motion is allowed as to the remaining claims.

Reinee Hildebrandt came to work for DNR’s predecessor agency on June 17, 1991. 2 She earned a Ph.D. in forestry in 1987 from Iowa State University. Prior to coming to the DNR, she was on the forestry faculty at Kansas State University. At DNR, she worked as a program administrator in the forestry division. Her supervisor was Defendant Dick Little, Section Manager, Division of Conservation and Program Development. Little’s supervisor in 1991 was State Forester Al Mickel-son. In 1992, Defendant Stewart Pequig-not became State Forester. Defendant Kirby Cottrell was Director of the Office of Resource Conservation. He supervised Pequignot. Defendant Anna May Brown was Pequignot’s secretary and was in charge of the secretarial staff for the forestry división. John Comerio was the Deputy Director of the Department of Natural Resources.

*677 Little supervised Hildebrandt and three other program administrators: John Ses-ter, Pete Skuba, and Robert Schmoker. Each program administrator oversaw different forestry programs in Illinois: Ses-ter oversaw forest products and utilization; Skuba oversaw fire protection, insect and disease programs, and environmental programs; Schmoker oversaw forest management programs; and Hildebrandt oversaw urban forestry programs. Sester began working for the forestry division in 1955. He became a program administrator in 1966. He has a bachelor’s degree in forestry. Skuba began working for the forestry division in 1972. He became a program administrator in 1987. He has a bachelor’s degree in forestry. Schmoker began working for the forestry division in 1984. He became a program administrator in 1986. He also has a bachelor’s degree in forestry, and has taken some graduate courses in forestry. None of the program administrators supervised any personnel. When read in the light most favorable to Hildebrandt, the evidence indicates that these four individuals performed comparable duties under similar circumstances.

Little and his program staff, including Hildebrandt, were located in Springfield, Illinois. Forestry personnel were also located throughout Illinois. These district foresters were managed by five regional forestry directors. The regional directors reported to David Gillespie, Section Manager for Field Operations. Gillespie reported to Pequignot. On the administrative chart, Gillespie was at the same level as Little. 3

Hildebrandt claims she has been subject to continual gender discrimination during her employment with DNR. She claims that she has been discriminated against in her working conditions and in her compensation.

When she was hired, Hildebrandt was the second highest paid program administrator: she made $37,120 annually; Sester made $44,755; Skuba made $36,623; and Schmoker made $34,587. 4 The program administrators were salaried, merit compensation employees. They were evaluated annually by Little. The rating scale for merit positions changed over time. Initially, the ratings were: superior, exceeds expectations, meets expectations, needs improvement, and unacceptable. Later, the rating scale changed to: exceptional, accomplished, acceptable, and unacceptable. Little recommended annual raises based on the evaluations and annual budgetary restrictions. Raises became effective annually on July 1, the first day of DNR’s fiscal year. Pequignot reviewed Little’s evaluations and raise recommendations, but generally did not participate in those evaluations.

By July 1, 1994, Plildebrandt was making less than all three of the other program administrators. She had received no raises for 1992, 1993 or 1994. In 1992, no employee received a raise because of budgetary constraints. In 1993, the other three received raises, but Hildebrandt did not because she received a “needs improvement” overall rating. In 1994, she received a 2% raise, while the other administrators received larger raises, again because she received a “needs improvement” overall rating.

Little states that he gave Hildebrandt the poor evaluations in 1993 and 1994 because she had difficulty organizing her work, she had difficulty working with staff, *678 and he received complaints from Defendant Brown and from two people outside the Division. Hildebrandt has submitted substantial numbers of documents praising her work from a number of outside associations and individuals. She also has submitted the report of an expert witness who opined that the DNR evaluation system was flawed. It is undisputed that the urban forestry program grew during her tenure at DNR.

From July 1, 1994, onward, Hildebrandt has earned less than each of the other three. The parties dispute the percentage raise each program administrator received during years 1995 through 1997, but they agree that in each of those years at least one of the male program administrators received a larger percentage raise than Hildebrandt. In 1997, Hildebrandt, Skuba and Sehmoker all received an overall evaluation rating of accomplished, but the two men received a larger percentage raise than she. 5 From 1998 to the present, Hil-debrandt’s percentage raises have been virtually equal to the other program administrators. In 1998, no employee received a raise due to budget constraints. In 1999 and 2000, the four received either 4.39% or 4.40% raises.

In addition to her salary, Hildebrandt claims she was discriminated against in her working conditions. Hildebrandt has recounted a large number of specific instances over the course of her employment in which she believes someone discriminated against her. One or two of these involve off-color remarks made in her presence. These occurred in 1994 or before. Most of the complaints concern: (1) unfair treatment by her superiors; (2) discriminatory treatment by Anna May Brown and her clerical staff; and (3) unequal treatment by the DNR financial office.

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132 F. Supp. 2d 674, 2001 U.S. Dist. LEXIS 1769, 2001 WL 170606, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hildebrandt-v-illinois-department-of-natural-resources-ilcd-2001.