Melody J. Culver v. Gorman & Company

416 F.3d 540, 2005 U.S. App. LEXIS 14648, 86 Empl. Prac. Dec. (CCH) 42,039, 96 Fair Empl. Prac. Cas. (BNA) 301, 2005 WL 1683965
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 20, 2005
Docket04-3442
StatusPublished
Cited by190 cases

This text of 416 F.3d 540 (Melody J. Culver v. Gorman & Company) 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
Melody J. Culver v. Gorman & Company, 416 F.3d 540, 2005 U.S. App. LEXIS 14648, 86 Empl. Prac. Dec. (CCH) 42,039, 96 Fair Empl. Prac. Cas. (BNA) 301, 2005 WL 1683965 (7th Cir. 2005).

Opinion

CUDAHY, Circuit Judge.

If, as Martin Luther King, Jr., once stated, discrimination is a “hellhound,” then a retaliation lawsuit is a plaintiffs opportunity to bite back. 1 Melody Culver was terminated by her employer, Gorman & Company, on January 10, 2002, three days after she spoke of filing a discrimination charge or seeing a lawyer. She then brought suit, claiming retaliation in violation of Title VII and the Equal Pay Act. Gorman filed a motion for summary judgment, and the district court granted it, stating that the suspicious timing of Cul-ver’s termination by itself did not create a triable issue and that Gorman had advanced lawful reasons for terminating her for insubordination between January 7 and 10. Culver appeals. Because Culver has shown that discrimination may have been a substantial or motivating factor in her termination, and because a reasonable fact finder could determine that Gorman did not honestly believe that it terminated Culver for insubordination, we ReveRse summary judgment as to Culver’s Title VII claim. However, we AffiRM the dismissal of Culver’s Equal Pay Act claim since it has been waived.

I.

Melody Culver was employed by Gor-man as an assistant property manager from May 22, 2000 through January 10, 2002, and was responsible for leasing apartments, responding to resident concerns, completing accounts payable and receivable, processing rent applications and other administrative tasks. In July of 2001, Ron Schroeder became her supervi *543 sor. Schroeder increased Culver’s work responsibilities, asking her to handle accounts payable and bank deposits for two commercial properties and to help him to learn federal regulations applying to a low-income housing unit they managed. In the fall of 2001, Culver asked Schroeder for a raise because of her increased responsibilities; Schroeder said he would talk to the company controller, but the request was denied. Culver later spoke to Schroeder’s supervisor, Peter Jorde, about this issue; Jorde stated that he would talk to Schroeder and get back to her, but she never received a further response. About that time, Schroeder discovered that Culver had saved her resume on her computer at work. When he confronted her about this, Culver explained that she was considering relocating to Pennsylvania to care for her ailing father and was investigating job possibilities there. Culver also stated, however, that she was uncertain whether her child custody arrangements with her ex-husband would permit such a move. She also assured Schroeder that she. liked working for Gorman. Schroeder told.Cul-ver to remove the resume from the company computer but did not take any other disciplinary action against her. Schroeder states that he learned in December of 2001, after his budget was complete, that Culver was not leaving. This prevented him from allocating to her a raise comparable to one granted certain other employees.

On January 7, 2002, Schroeder gave Cul-ver her annual performance review, rating her performance as meeting or exceeding expectations in all areas of her job. He told her that she was good with residents and customer service and that he was pleased she had improved relations with another employee, Brad Harrison, with whom she had had a tense relationship in the past. However, Schroeder stated that he was unhappy that Culver had kept her resume on her work computer and had looked for other jobs and further noted that she needed to take credit for both team accomplishments and mistakes, not treat other staff in a degrading manner and stop blaming and complaining about others (although she was improving in this area). Schroeder then gave Culver a 50-cent per hour raise. When Culver asked why it was so small, Schroeder replied that she might be leaving the company. Culver allegedly reiterated that she was not leaving and that it was not fair to give her such a small raise, but Schroeder replied that it was too late to make adjustments since the following year’s budget was set.

Upset about her raise, Culver spoke to two male maintenance workers, Brad Harrison and James Crim,- and found that Harrison had received a 75-cent raise in addition to a raise he had received in the fall, and that Crim had received a dollar an hour raise. Culver told her coworkers that she was happy for them, but that she thought she was being treated unfairly. She also mentioned that she was thinking about getting an attorney or filing a complaint with the EEOC. Shortly after she had spoken to the maintenance workers, Culver returned to speak with Schroeder, and inquired whether she would still get her annual bonus if she were to leave the company. Schroeder confirmed that she would indeed receive her bonus, and at Culver’s request typed a note confirming this. Culver told Schroeder that she was going to speak to Jorde about her raise, and set up a meeting with Jorde for January 10. Culver alleges that, after he learned of the meeting, Schroeder warned that his budget was set, that speaking with Jorde would not change anything and in fact stated that she “was making a mistake talking with Peter.”

Meanwhile, at some point between January 7 and 10, Harrison informed Schroeder that Culver had discussed hiring a lawyer *544 or contacting the EEOC, and Schroeder passed this information along to Jorde. Schroeder also informed Jorde at this time that Culver was unhappy about her raise, and that Harrison had told him that Cul-ver was going to file a discrimination claim with the EEOC. Schroeder states that, from January 7 to 10, Culver’s attitude became “totally unacceptable” and that she was “very short” with coworkers and would refuse to perform work tasks at Schroeder’s request. Schroeder details one incident in which he asked Culver questions on work issues, and she handed him a manual and told him to look up the answers himself since she was no longer there to train him if he was going to continue treating her in the same manner. Schroeder also asserts that Culver on another occasion stated sarcastically that she wished Gorman would fire her. Because of this purported attitude change, Schroeder allegedly told Jorde at some point before the January 10 meeting that he was ready to fire Culver because of her behavior. Gorman thus contends that the purpose of the January 10 meeting was to work out the difficulties between Culver and Schroeder.

At the January 10 meeting, Culver voiced a number of complaints to Jorde, stating that Schroeder treated male coworkers better, gave her too small a raise either because she was a woman or was a single mother, and increased her job responsibilities without fair compensation. Schroeder assertedly failed to include her in decision making, treating her as a stupid female who just answered phones, barred her from speaking with Harrison about maintenance issues to resolve them and failed to resolve them himself. He also allegedly did not put in enough time at the office and failed to address problems at two company properties, including a leaky roof severe enough to merit a call from the city health department. Jorde then asked Schroeder to join the meeting, and directed her to repeat her complaints. Culver then addressed Schroeder, stating that it wasn’t fair that her male coworkers received higher raises, that she should be able to speak with Harrison, that Schroeder had handled some situations such as the leaky roof incorrectly and that he did not listen to resident concerns.

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416 F.3d 540, 2005 U.S. App. LEXIS 14648, 86 Empl. Prac. Dec. (CCH) 42,039, 96 Fair Empl. Prac. Cas. (BNA) 301, 2005 WL 1683965, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melody-j-culver-v-gorman-company-ca7-2005.