Karim v. Board of Trustees

52 F. App'x 855
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 5, 2002
DocketNo. 02-2220
StatusPublished

This text of 52 F. App'x 855 (Karim v. Board of Trustees) 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
Karim v. Board of Trustees, 52 F. App'x 855 (7th Cir. 2002).

Opinion

ORDER

M. Bazlul Karim brought this action under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et. seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et. seq., against the Board of Trustees of Western Illinois University (‘Western”), alleging that Western discriminated against him on the basis of age and national origin when it failed to interview and then hire him for a teaching position. The magistrate judge, handling the case with the parties’ consent, granted summary judgment for Western on both claims. On appeal Karim challenges only the magistrate judge’s ruling on his national origin claim, and we affirm.

Karim, a native of Bangladesh, began studying geography, economics, and sociology in the late 1960’s. He currently holds two master’s degrees in geography (Western Illinois University and Dhaka University in Bangladesh), one master’s degree in international studies-an interdisciplinary degree that includes classes in international relations, geography, sociology, and anthropology (University of Denver)-and a doctorate in international studies (University of Denver). After teaching for four years at another college, from fall 1994 to spring 1998. Karim taught at Western on a part-time basis, where he received favorable student evaluations for political science courses including “Introduction to Political Science,” “Introduction to Comparative Government and Politics,” “Political Systems of Asia.” and “Politics and Development in the Third World.” Over the years. Karim published several books and articles on Bangladeshi topics, including a study of rural households and the country’s social structure, and received several awards for service to the Association of Third World Studies, Inc.

In fall 1997, while Karim was teaching at Western, the Political Science Department began a candidate search for a temporary Comparative (Asian) Politics instructor, and Karim applied. According to an affidavit by Dr. Charles Helm, the Political Science Department chair, the new instructor would focus on Asian politics, but also would teach courses in American government, introductory politics, and Third World politics. Although no copy of the position advertisement appears in the record, Karim admitted in his deposition that the department preferred someone who held -a Ph.D., but would consider, candidates who had completed their Ph.D. classes and were still working on their dissertation (otherwise known as an “ABD,” meaning all but dissertation). In a memo dated March 23, 1998, Dr. Jutta [857]*857Helm, the Political Science Department Personnel Committee chair, informed the department faculty that after reviewing 37 applications, the selection committee decided to interview two candidates: Fiona Yap, a native of Singapore, and Himadeep Muppidi, a native of India. Once the interviews were completed, Dr. Helm informed her colleagues that the faculty would decide among three voting options: postpone the candidate search, offer the position to Yap, or offer the position to Muppidi. Of the nine ballots returned, four votes supported Yap, three votes favored Muppidi, and two write-in votes proposed offering the position to Karim. After Yap and Muppidi successively turned the position down, three additional candidates were interviewed, and in May 1998 Western eventually hired Dongpin Han, who was ABD but expected to receive his Ph.D. shortly. Han, a native of China, was writing his dissertation on the Chinese Cultural Revolution.

During the hiring process, Dr. A.B. Villanueva, a friend of Karim and member of the selection committee, lobbied for Karim to be hired on the basis that he had received two write-in votes. But the selection committee never interviewed Karim. In affidavits submitted in support of summary judgment, the other four committee members stated that they believed Karim was not qualified for the position. For instance, Aimee Shouse, whose position at Western is not clear, stated that Karim’s Ph.D. in international studies did not provide sufficient training in comparative politics, and therefore did not qualify him to teach the subject. Dr. Jutta Helm agreed, and added that Karim’s education and writing focused more on economics than politics. Dr. Charles Helm also agreed that Karim’s Ph.D. in international studies and his expertise about Bangladesh did not qualify him for a position specializing in Asian politics that focused more generally on China. India, and Japan; according to Helm. Han had more suitable training for the Asian politics position. The final committee member, Dr. John Shockley, declined to support Karim based on his observations of Karim’s in-class teaching style; Shockley believed that Karim tended to overemphasize rote memorization of dates without any discussion of context and political theory.

Karim sued Western for age discrimination under the ADEA and national origin discrimination under Title VII. Western moved for summary judgment, arguing it had a legitimate, non-discriminatory reason for not hiring Karim-that he did not have a degree in political science and was not experienced in Asian politics. The magistrate judge granted summary judgment for Western, reasoning that Karim failed to establish a prima facie case of age discrimination because he did not demonstrate a significant age difference between himself and Han (Karim was born in 1949; Han in 1955). With respect to Karim’s national origin discrimination claim, the magistrate judge assumed without deciding that Karim established a prima facie case, but determined that Karim failed to show that Western’s reason for not hiring him was pretextual.

On appeal, Karim abandons his ADEA claim and argues that the magistrate judge erred in granting summary judgment on his national origin claim because he raised issues of fact regarding whether Western’s proffered reasons were a pretext for discrimination. This court reviews a grant of summary judgment de novo and views the facts in the light most favorable to the non-moving party. O’Neal v. City of New Albany, 293 F.3d 998, 1003 (7th Cir.2002). Summary judgment is not appropriate if the plaintiff presents evidence from which it can be inferred that the defendant discriminated against him. Id.

[858]*858Karim primarily argues that Western’s proffered reason is pretextual because he is just as qualified as, if not more qualified than, Han because he has three master’s degrees and a doctorate, whereas Han was ABD. But when a plaintiff seeks to prevent summary judgment based on the strength of a discrepancy in qualifications, his qualifications must be so superior to the selected candidate’s qualifications that a reasonable, impartial person could determine that the plaintiff was clearly better qualified for the position. Millbrook v. IBP, Inc., 280 F.3d 1169, 1180-81 (7th Cir.2002). A plaintiff cannot show pretext merely by demonstrating that the defendant improperly evaluated his credentials, so long as the defendant honestly believed the evaluation. Id. at 1175.

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Related

Gary Millbrook v. Ibp, Inc.
280 F.3d 1169 (Seventh Circuit, 2002)
Kenneth O'Neal v. City of New Albany
293 F.3d 998 (Seventh Circuit, 2002)

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Bluebook (online)
52 F. App'x 855, Counsel Stack Legal Research, https://law.counselstack.com/opinion/karim-v-board-of-trustees-ca7-2002.