Karen Bell, Lolita Hill, Farro Assadi, and Christina Prasinos v. Environmental Protection Agency and Carol M. Browner, in Her Official Capacity

232 F.3d 546, 55 Fed. R. Serv. 1361, 2000 U.S. App. LEXIS 27777, 81 Empl. Prac. Dec. (CCH) 40,661, 84 Fair Empl. Prac. Cas. (BNA) 630, 2000 WL 1661834
CourtCourt of Appeals for the Seventh Circuit
DecidedNovember 6, 2000
Docket99-3926
StatusPublished
Cited by161 cases

This text of 232 F.3d 546 (Karen Bell, Lolita Hill, Farro Assadi, and Christina Prasinos v. Environmental Protection Agency and Carol M. Browner, in Her Official Capacity) 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
Karen Bell, Lolita Hill, Farro Assadi, and Christina Prasinos v. Environmental Protection Agency and Carol M. Browner, in Her Official Capacity, 232 F.3d 546, 55 Fed. R. Serv. 1361, 2000 U.S. App. LEXIS 27777, 81 Empl. Prac. Dec. (CCH) 40,661, 84 Fair Empl. Prac. Cas. (BNA) 630, 2000 WL 1661834 (7th Cir. 2000).

Opinion

WILLIAMS, Circuit Judge.

The four plaintiffs-appellants — Karen Bell, Lolita Hill, Farro Assadi, and Christi-ana Prasinos — allege that they were unlawfully denied promotions to Master/Expert positions within the Environmental Protection Agency (“EPA”). Bell and Hill are African-Americans and allege Title VII discrimination because of their race. Assadi and Prasinos are naturalized citizens- — Assadi was born in Iran and Prasi-nos was born in Greece — and allege Title VII national origin discrimination. 1 In addition to these claims, Bell, Hill, and Prasi-nos make a retaliation complaint. The district court granted summary judgment to the EPA on all counts. Plaintiffs appeal. 2 For the reasons stated herein, we affirm in part and reverse in part.

*549 I

The four plaintiffs worked as environmental engineers in the Air Enforcement and Compliance Assurance section of the Air and Radiation Division of the EPA’s Region V office in Chicago. In 1996, the EPA posted four new Regional Expert and Master positions, the next level of promotion for engineers. The EPA required all candidates to submit a written application, a copy of their most recent annual performance appraisal, and a supplemental qualification statement. Sixteen eligible candidates, including plaintiffs, applied for the four Master positions. For purposes of evaluating the applicants, the EPA submitted a rating plan that described the knowledge, skills, and abilities an applicant needed to have and listed five factors to be considered. Assadi and Prasinos each received a perfect score, while Bell received a 69 and Hill received a 63 (out of a possible 75). Two of the individuals who were ultimately selected for the position received perfect scores while the other two were rated at 69.

Three EPA section chiefs — William MacDowell, Diane Sipe, and Peter Spyro-poulos — decided that they would interview the candidates and make the final selection as a panel. They agreed to focus on the written applications and on how well the applicants responded to the agreed-upon interview questions. They intended to reach a unanimous decision on the four candidates but were unable to do so. They did reach a consensus on three candidates: Denny Dart, Katherine Kieth, and Emmett Keegan. The Panel submitted the impasse on the fourth position to their supervisor, George Czerniak. Ultimately, Linda Hamsing was selected as the fourth successful candidate. All four are white, native-born Americans.

After the EPA announced the promotions, plaintiffs sent a memorandum to Czerniak, Sipe, MacDowell, and Spyropou-los raising questions about the selection process. Czerniak responded, but plaintiffs were unsatisfied and filed formal complaints with the Equal Employment Opportunity Commission on February 5, 1997. In September 1997, plaintiffs filed their four-count complaint. The district court granted summary judgment to the EPA on all counts.

II

We review de novo a district court’s grant of summary judgment, considering the evidence in a light most favorable to the nonmovant and drawing all reasonable inferences in favor of the nonmovant. See Schneiker v. Fortis Ins. Co., 200 F.3d 1055, 1057 (7th Cir.2000). Summary judgment is only appropriate when the pleadings, depositions, and other materials in the record demonstrate that there are no disputed facts and the movant is entitled to summary judgment as a matter of law. See id. (citing Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986)).

Plaintiffs make various disparate treatment claims against the EPA, alleging race and national origin discrimination. Because they cannot show any direct evidence of discrimination, plaintiffs rely on the burden-shifting approach delineated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). Under this approach, plaintiffs must first make out a prima facie case of discrimination by demonstrating that (1) they belong to a protected group; (2) they applied for and were qualified for the positions sought; (3) the EPA rejected them for the positions; and (4) the EPA granted promotions to persons who were not in the protected groups. See Stockett v. Muncie Ind. Transit Sys., 221 F.3d 997, 1001 (7th Cir.2000); Wallace v. SMC Pneumatics, Inc., 103 F.3d 1394, 1397 (7th Cir.1997). *550 Once plaintiffs establish their prima facie case, we presume that they were discriminated against, and EPA must articulate a legitimate, nondiscriminatory reason for its employment action. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817; Stockett, 221 F.3d at 1001; Sirvidas v. Commonwealth Edison Co., 60 F.3d 375, 377-78 (7th Cir.1995). Once the EPA has met this production burden, plaintiffs must establish that the reason offered by the EPA is merely a pretext for discrimination. See Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981); Stockett, 221 F.3d at 1001; Sirvidas, 60 F.3d at 378. In the case at bar, both sides agree that plaintiffs have established a prima facie case and that the EPA has articulated a nondiscriminatory reason for promoting others instead of plaintiffs. They disagree, however, whether plaintiffs have established that EPA’s proffered reasons are pretextual.

Plaintiffs cannot prevail at trial if the fact-finder finds that the EPA “honestly believed in the nondiscriminatory reasons it offered, even if the reasons are foolish or trivial or even baseless.” Hartley v. Wisconsin Bell, Inc., 124 F.3d 887, 890 (7th Cir.1997). This court “does not sit as a super-personnel department that reexamines an entity’s business decisions.” Dale v. Chicago Tribune Co., 797 F.2d 458, 464 (7th Cir.1986); accord Debs v. Northeastern Ill. Univ., 153 F.3d 390, 396 (7th Cir.1998). However,

[t]he question before us in reviewing the grant of summary judgment is only whether ... [the plaintiff] produced evidence from which a rational fact-finder could infer that the company lied in saying that it fired ... him because he was an unsatisfactory worker.

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

Related

Victoria Harper v. Fulton County, Illinois
748 F.3d 761 (Seventh Circuit, 2014)
Ruth Andrews v. CBOCS West, Incorporated
743 F.3d 230 (Seventh Circuit, 2014)
John Gurley v. Raymond LaHood
Seventh Circuit, 2013
Kimberly Cain v. Gary Locke
Seventh Circuit, 2012
Ficken v. Clinton
771 F. Supp. 2d 79 (District of Columbia, 2011)
Robertson v. DODARO
767 F. Supp. 2d 185 (District of Columbia, 2011)
Bayless v. ANCILLA DOMINI COLLEGE
781 F. Supp. 2d 740 (N.D. Indiana, 2011)
Equal Employment Opportunity Commission v. Bloomberg L.P.
751 F. Supp. 2d 628 (S.D. New York, 2010)
Boone v. Clinton
675 F. Supp. 2d 137 (District of Columbia, 2009)
Boone v. Rice
District of Columbia, 2009
Keller v. Indiana Family & Social Services Administration
639 F. Supp. 2d 928 (S.D. Indiana, 2009)
Talavera v. Fore
648 F. Supp. 2d 118 (District of Columbia, 2009)
Talavera v. Shah
District of Columbia, 2009
Victor Guinto v. Exelon Generation Co
341 F. App'x 240 (Seventh Circuit, 2009)
Aguilar v. Salazar
626 F. Supp. 2d 36 (District of Columbia, 2009)
Aguilar v. Kempthorne
District of Columbia, 2009

Cite This Page — Counsel Stack

Bluebook (online)
232 F.3d 546, 55 Fed. R. Serv. 1361, 2000 U.S. App. LEXIS 27777, 81 Empl. Prac. Dec. (CCH) 40,661, 84 Fair Empl. Prac. Cas. (BNA) 630, 2000 WL 1661834, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karen-bell-lolita-hill-farro-assadi-and-christina-prasinos-v-ca7-2000.