Martinez v. Northwestern University

173 F. Supp. 3d 777, 2016 U.S. Dist. LEXIS 40847, 2016 WL 1213913
CourtDistrict Court, N.D. Illinois
DecidedMarch 29, 2016
DocketNo. 14 C 2180
StatusPublished
Cited by12 cases

This text of 173 F. Supp. 3d 777 (Martinez v. Northwestern University) 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
Martinez v. Northwestern University, 173 F. Supp. 3d 777, 2016 U.S. Dist. LEXIS 40847, 2016 WL 1213913 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

Robert W. Gettleman, United States District Judge

Plaintiff Haydee Martinez filed a six-count complaint, alleging that her employer, defendant Northwestern University (“Northwestern”), violated the Illinois Human Rights Act (“IHRA”), 775 ILCS 5/2-101 et seq., by harassing her on the basis of her sexual orientation (Count I); discriminating against her on the basis of her pregnancy (Count II) and gender (Count IV),1 and retaliating against her for filing charges with the Illinois Department of Human Rights (“IDHR”) concerning the [780]*780alleged discrimination (Counts III and V). Plaintiffs complaint' also alleges that defendant violated the Equal Pay Act, 29 U.S.C. § 206(d) (Count VI). Defendant has filed the instant motion for summary judgment pursuant to Fed. R. Civ, P. 56, contending that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law. For the reasons discussed below,- the court grants defendant’s motion.

BACKGROUND2

•Plaintiff, who is a lesbian, was hired by defendant in November 2001 as a police officer. Plaintiffs supervisors at the Northwestern , Police Department (“NUPD”) were aware of her sexual orientation at the time her employment commenced. In 2003, plaintiff began reporting to Sergeant Timothy Reuss, a heterosexual male, who was aware of her sexual orientation from at least the time he became her supervisor. Plaintiff alleges that from March 2003 to March 2011, Reuss often used the terms “fag,” “faggot,” “pussy,” “cocksucker,” and “sissy” in her presence when referring to offenders or students.

Plaintiff was promoted from a police officer to a sergeant on June 25, 2007. Consistent with the NUPD’s salary plan,3 which was implemented in 2005, plaintiff received a 10% raise at the timé of her promotion, bringing her hourly pay to $31.03. Todd Collins, a hetérosexual male, was also promoted from a police officer to sergeant on the same day as plaintiff. Collin’s hourly pay as a police officer was lower than plaintiffs. Because a 10% salary increase would not raise Collins’s hourly pay to the minimum salary rate for sergeants, Collin’s hourly pay was increased to $29.96, the minimum starting hourly rate for a NUPD sergeant. In March 2011, plaintiff learned that her hourly pay was six cents higher than Collins’s.' Plaintiff complained to Deputy Chief of Police Daniel McAleer, a heterosexual male, that the pay differential between her and Collins’s hourly rates should have been greater because she began with the police department four years before Collins. McAleer informed plaintiff that her compensation was consistent with the department’s salary plan and that'she had received a 26.65% total pay increase since -her. promotion to sergeant. As a sergeant, plaintiff received higher hourly pay than Collins every year until he left the NUPD. in 2014.4

[781]*781On September 2, 2011,, plaintiff told Commander of Field Services Darren Davis, a heterosexual male, that she was not able to perform her regular work as a sergeant for at least two weeks due to a medical procedure5 she was undergoing. Plaintiff provided Davis with a doctor’s note, indicating that she needed to be- on “light duty” and could not wear her duty belt ok do any heavy lifting. On September 8, Davis informed plaintiff that she, had been approved for light duty6 work from September 9 through September 15, 2011. Although plaintiff did not work between the time she requested light duty work and the approval of her request, she did not lose any pay.7

On September 15, 2011, plaintiff told McAleer and Davis that she had undergone a surgical procedure the day-.before, could not work for the next two days, and would need to return to light duty status upon her return to work on September 20, 2011. Plaintiff was thereafter assigned to light duty work status. On October il, 2011, plaintiff told Chief of Police Bruce Lewis, a heterosexual male, that she was pregnant and that she needed to continue on light duty status. Lewis approved her request for 30 days, allowing her to remain on light duty status until November il, 2011. In his email approving her request, Lewis informed plaintiff that if she required more light duty work upon expiration of the 30 days she would need to provide additional information from.-.her doctor. Lewis also stated that “because each light duty request will be considered on its own merits, [he] urge[d] that such request be made at least five business days before an anticipated decision.” McA-leer subsequently became responsible for coordinating plaintiffs light duty assignments. ,

McAleer informed plaintiff on November 10, 2011, that he did not have additional work to extend her light duty status beyond November 11, 2011. McAleer requested -that plaintiff “follow through with the benefits division to utilize [her] leave time, disability options, or a medical leave of absence.” Plaintiff subsequently began applying for a medical leave-of absence. On November 17, 2011, plaintiff lodged a complaint with the Acting Director of North-' western’s Office of Equal Opportunity and Access (“OEOA”) about her light duty status not being extended. Plaintiff provided the OEOA with her medical notes and communications with' the police department’s administration concerning the light duty request. . .

After receiving-plaintiffs request for a medical leave of absence on December 16, 2011, McAleer contacted plaintiff via telephone to inform her that the police depart-[782]*782merit’s light duty work had recently expanded in light of a project related to the Department of Homeland Security. McA-leer informed plaintiff that the project, and corresponding light duty work, would likely begin in early January. The parties dispute whether McAleer told plaintiff that the project would last through the term of her pregnancy or only a few weeks or months. Plaintiff ultimately rejected the light duty assignment out of concern that if it did not last the length of her pregnancy, she did not have additional vacation or sick time from which she could be paid while her request for short-term medical leave was being re-processed. Plaintiff was approved for short-term medical leave on January. 12, 2012, at 60% pay, retroactive to November 14, 2011, until she returned to work on September 1, 2012. . This period included plaintiffs maternity leave from June 14, 2012, when she gave birth, to September 1,2012.

During the summer,8 plaintiff called Davis to.ask about her shift assignment upon returning to work from maternity leave. .Plaintiff was informed that she had been assigned to work an-A, swing-shift for the 2012-2013 academic year.9 Although Davis distributed bid sheets to lieutenants, supervisors, and police officers, on which they could indicate their preferred shift assignment, Davis.did not send plaintiff a bid sheet while she was on maternity leave.10

In order to hélp her re-acclimate to full-duty status, plaintiff was reassigned to the B-shift (her preferred shift) for her first week back at work. Plaintiff predominantly worked the B-shift over the 2012-2013 school year.

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Cite This Page — Counsel Stack

Bluebook (online)
173 F. Supp. 3d 777, 2016 U.S. Dist. LEXIS 40847, 2016 WL 1213913, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinez-v-northwestern-university-ilnd-2016.