Naficy v. Illinois Department of Human Services

808 F. Supp. 2d 1052, 2011 U.S. Dist. LEXIS 43697, 2011 WL 1543146
CourtDistrict Court, N.D. Illinois
DecidedApril 22, 2011
DocketCase No. 09 CV 5408
StatusPublished

This text of 808 F. Supp. 2d 1052 (Naficy v. Illinois Department of Human Services) 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
Naficy v. Illinois Department of Human Services, 808 F. Supp. 2d 1052, 2011 U.S. Dist. LEXIS 43697, 2011 WL 1543146 (N.D. Ill. 2011).

Opinion

MEMORANDUM OPINION AND ORDER

JAMES F. HOLDERMAN, Chief Judge.

Plaintiff Hamida H. Naficy (“Naficy”), in her Fifth Amended Complaint, alleges that defendant Illinois Department of Human Services (“IDHS”) discriminated and retaliated against her on the basis of her national origin (Iranian) in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e, et seq. (“Title VII”), and discriminated and retaliated against her in violation of 42 U.S.C. § 1981. (Dkt. No. 31 (“5th Am. Compl.”).) On July 12, 2010, this court granted IDHS’s motion to dismiss Naficy’s § 1981 claims. (Dkt. No. 37.). Now pending before the court is IDHS’s motion for summary judgment on Naficy’s remaining Title VII claims. (Dkt. No. 58.) For the reasons set forth below, IDHS’s motion is granted.

BACKGROUND1

IDHS is a state agency responsible for providing Illinois residents with access to a [1056]*1056variety of public aid programs, including a number of mental health institutions in Illinois. (Dkt. No. 60 (“IDHS’s SOF”) ¶ 5.) Naficy currently works at IDHS’s Madden Mental Health Center (“Madden”) as a Social Worker III, and is a member of the American Federation of State, County and Municipal Employees (“AFSCME”). (Id. ¶¶ 6-8.)

In 2010, IDHS closed one of its facilities, the Howe Developmental Center in Tinley Park, Illinois (“Howe”). (Id. ¶ 20.) Pursuant to a collective bargaining agreement in effect between AFSCME and IDHS at all relevant times in 2010 (“CBA”), IDHS was contractually obligated to follow certain procedures when laying off employees or restructuring its workforce. (Id. ¶¶ 9-10; see also IDHS’s Ex. A, Ex. 1 (“Art. XX — Layoff’).) Specifically, because IDHS employees at Howe were subject to layoff, they were eligible to “bump” covered employees at other IDHS facilities pursuant to the terms of the CBA. (Id. ¶ 21.2) Naficy’s pending Title VII claims are based on IDHS’s execution of the CBA’s bumping provisions with respect to the Howe layoffs in 2010. (Id. ¶¶ 59-63; see also 5th Am. Compl. ¶¶ 19-22.)

1. Relevant CBA Provisions

The CBA requires IDHS to notify all employees potentially affected by a layoff of their rights under the CBA. (IDHS’s SOF ¶ 10.) Specifically, IDHS is required to provide employees with information regarding (1) IDHS’s seniority roster of employees subject to layoff and potentially affected by layoff; (2) IDHS’s vacancy list; and (3) the “bumping” options for employees potentially affected by layoff. (Id. ¶ 11.)

“Bumping” is a process whereby a more senior employee can displace a less senior employee from his or her job position under a set of rules contained within the CBA. (Id. ¶ 12.) The CBA includes six identified “bumping priorities,” identified as steps one through six. (Art. XX- — Layoff, § 3(c)-(h).) First, an employee subject to layoff “must bump the least senior employee in the same position classification at their work location.” (IDHS’s SOF ¶ 14 (citing Art. XX — Layoff, § 3(c)).3) Second, [1057]*1057“if an employee is unable to bump at the same work location, then an employee must bump the least senior employee in the same position classification in the county where their current position is located.” (Id. (citing Art. XX — Layoff, § 3(d)).) Third, “[i]f neither of these options is available, then an employee must bump into the next lower position in the same position classification series at the same work location.” (Id. ¶ 15 (citing Art. XX— Layoff, § 3(e)).) Fourth, “if this option is not available, then an employee must bump into the next lower position in the same position classification series in the county in which their current position is located.” (Id. (citing Art. XX — Layoff, § 3(f)).) If none of the first four bumping options are available, “then an employee must bump into a position for which they were previously certified” at either the same work location or elsewhere in the county. (Id. ¶ 16 (citing Art. XX — Layoff, § 3(g)-(h)).)

The CBA’s bumping options are exercised by seniority. (IDHS’s SOF ¶ 13.) Specifically, the CBA states,

Starting with the highest bargaining unit and pay grade, employee(s) may choose to exercise or waive his/her available bump option in (c) through (i),4 if applicable. The employee(s) must make his/her selection known to the Employer at the time of his/her bump meeting and such selection shall be final. An employee may still opt to be laid off at any time prior to the implementation of the bump, however the Employer shall not be required to modify the layoff plan.

(Art. XX — Layoff, § 3(b) (emphasis added).)

According to Samaras, “[ejmployees who waive their bumping option are not guaranteed employment with IDHS.” (Id. ¶ 17 (citing Samaras’s Aff. ¶ 13).) Although the CBA states, “[i]n the event that an employee waives or refuses to accept an available bump under this provision, the employee shall be laid off,” (Art. XX — Layoff, § 3(c)-(d); IDHS’s SOF ¶ 14), an employee who waives his or her bumping option may nevertheless be allowed to apply for a vacant position with IDHS under the terms of the CBA. Specifically, the CBA requires IDHS to “offer[] a transfer or voluntary reduction within the agency’s available bargaining unit vacancies in lieu of layoff, ... provided the employee is qualified for such vacancy.” (Art. XX— Layoff, § 30); IDHS’s SOF ¶ 18; see also Art. XX — Layoff, § 3(b) (“An employee(s) who chooses to waive his/her available bump option, or if no bump option was available, may choose to exercise his/her right to a Transfer or Voluntary Reduction in Lieu of Layoff (j), if applicable and seniority permitting.”).) Vacancies are not offered “until all eligible employees have exercised their right to bump.” (IDHS’s SOF ¶ 19; see also Art. XX — Layoff, § 3(b) (“Agency vacancies shall be offered, if applicable and seniority permitting, upon completion of the bumping process, (c) through (i).”).)

2. IDHS’s Execution of the 2010 Howe Layoffs

On January 22, 2010, Naficy and other IDHS employees potentially affected by [1058]*1058the Howe closure received a letter from IDHS notifying them of a possible layoff. (IDHS’s SOF ¶ 29.) According to the January 22, 2010 letter, Naficy’s potential bump options at Madden included the following positions: (1) Social Worker III; (2) Social Worker III (Spanish Speaking); (3) Social Worker III (part-time); and (4) Social Worker II. (Id. ¶ 30; see also Naficy’s Resp. to IDHS’s SOF ¶ 30 (“Plaintiff admits this is what the letter says.... ”).) The January 22, 2010 letter also notified Naficy that she could choose not to bump into another position and instead select an IDHS vacancy for which she was qualified, seniority permitting. (Id.) The layoff notification included a list of potential vacancies that employees could choose from, seniority permitting, if they chose to waive their right to bump. (IDHS’s SOF ¶ 49.5)

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808 F. Supp. 2d 1052, 2011 U.S. Dist. LEXIS 43697, 2011 WL 1543146, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naficy-v-illinois-department-of-human-services-ilnd-2011.