Nash v. Board of Education

492 F. App'x 662
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 21, 2012
DocketNo. 11-3198
StatusPublished

This text of 492 F. App'x 662 (Nash v. Board of Education) 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
Nash v. Board of Education, 492 F. App'x 662 (7th Cir. 2012).

Opinion

[663]*663ORDER

Natalie Nash, an African-American, appeals the grant of summary judgment against her in her suit under 42 U.S.C. § 1981 alleging that a school board and its superintendent racially discriminated and retaliated against her by “terminating” her contract. Nash has not provided evidence from which a rational trier of fact could conclude that the decision was unlawfully motivated. Accordingly, we affirm the judgment.

Because we are reviewing a grant of summary judgment, we present the facts and their reasonable inferences in Nash’s favor. See Smith v. Bray, 681 F.3d 888, 892 (7th Cir.2012). For the school years spanning 2004-2008, Nash performed community and media relations work for the Dolton West School District 148 under four one-year contracts. Saundra Mickles, the assistant superintendent, negotiated and signed the contracts. She also signed another one-year contract in the summer of 2008 for the upcoming school year, the contract at issue in this case.

At the end of that summer, defendant Jayne Purcell, who is white, replaced an African-American as superintendent, and the board began enforcing a policy that required administrators to obtain board approval for any contract over $10,000. Upon learning about Nash’s new contract, the board’s business manager directed Mickles to present the contract, which was for $30,000, to the board for approval. Mickles submitted the contract at the board’s September meeting.

At that meeting the board’s president, who is black, complained about Nash’s performance. She said that Nash focused on highlighting bad publicity about the district (including stories about the superintendent’s recent untimely retirement) rather than good publicity (like a recent renovation project). The president also wanted the contract to require Nash to take direction from the superintendent.

Purcell met with Nash in October to discuss Nash’s contract duties. According to Nash, at the meeting Purcell said the contract was a “done deal” and asked Nash to start planning an event for “parent night,” which she did four days after the meeting. Shortly after the meeting, Purcell wrote a memo to the board regarding the meeting, which she described as “very productive.” But Purcell also reported that Nash was refusing to work until she was paid her salary for August and September, a matter for which she threatened to retain legal counsel. Purcell recommended paying Nash for August and September and renewing her current contract.

The board did not approve the contract. It discussed Purcell’s memo at an October meeting and decided that any further arrangements with Nash were “not going to be ... successful.” The board wrote Nash’s attorney to explain its decision, stating that Mickles had merely offered Nash a proposed contract that required board approval, and the board did not approve the contract. It also criticized Nash for being unwilling to continue “negotiations” unless she got paid for the two months before the board voted.

Nash sued Purcell and the school board under 42 U.S.C. § 1981, claiming that they discriminated against her when they “did not honor” her contract and replaced her with a white person. She also claimed they retaliated against her for “opposing the Board’s discriminatory refusal to honor her contract.” She added state-law claims for breach of contract and tortious interference with contract.

The defendants moved for summary judgment, which Nash opposed. For her discrimination claim, she argued that Purcell, whose arrival coincided with the [664]*664board’s new policy requiring that it approve contracts, was racially biased against her. Nash cited an affidavit from Maureen White-Rush, who is her sister and was an assistant to Purcell before Purcell was the superintendent. According to White-Rush, Purcell made three racially tinged comments during the time they worked together: (1) she called White-Rush a “black working dog”; (2) she told White-Rush that before Purcell’s promotion to Interim Superintendent, “it used to be the four black ladies against the white lady,” but after the promotion “the tables have turned”; and (3) she said to White-Rush that Mickles (who is black) was a “worthless piece of crap” who “just need[ed] to go away” for making a speech on racial issues. Nash also submitted an affidavit from Mickles stating that she submitted two contracts from white vendors to the board that did not require their approval. On the retaliation claim, Nash primarily relied on affidavits from White-Rush and Mickles in which they say they were demoted after complaining about racial issues.

The district court granted the motion, concluding that Nash failed to make out either a direct or indirect case of discrimination. Under the direct case, the court dismissed White-Rush’s affidavit as hearsay. It then concluded that the board’s new policy requiring that it approve contracts, although coinciding with Purcell’s arrival as superintendent, is not by itself evidence of discrimination. Under the indirect method of proof, the court concluded that Nash presented no evidence that a similarly situated person of another race had been treated more favorably. Finally, regarding the retaliation claims, the court reasoned that although others may have accused Purcell of discrimination and were then demoted, no evidence suggests that Nash herself opposed discrimination before her contract was denied.

On appeal Nash argues that the district court erred in concluding that the jury could not reasonably find that the board “terminated her contract” because of her race. Invoking both the direct and indirect methods of proof, she focuses on four parts of the record: (1) White-Rush’s affidavit chronicling Purcell’s past racial comments; (2) Mickles’s affidavit stating that she submitted two contracts from white vendors but was not required to obtain the board’s approval; (3) the “suspicious timing” of Purcell’s promotion to Superintendent around the same time that the board began enforcing the policy of requiring approval of contracts over $10,000; and (4) the board’s “inconsistent reasons” for not contracting with her (first, it criticized her performance, then later it attacked her unwillingness to negotiate), which she says are “pretexts” for discrimination.

This evidence does not permit a reasonable inference that the board declined to renew Nash’s contract because of her race. We analyze claims under 42 U.S.C. § 1981 with the same substantive standards and methods of proof as those that apply to claims brought under Title YII. See Smith, 681 F.3d at 896. Under the direct method of proof, the plaintiffs evidence “must point directly to a discriminatory reason for the employer’s action and be directly related to the employment decision.” Dass v. Chi. Bd. of Educ., 675 F.3d 1060, 1071 (7th Cir.2012) (internal quotations and citations omitted). Nash argues that she has direct evidence — Purcell’s racial comments — which she argues are not hearsay.

Nash is correct that the district court mistakenly disregarded the comments as hearsay. The court apparently assumed that Nash offered to testify about what White-Rush said Purcell had said.

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492 F. App'x 662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nash-v-board-of-education-ca7-2012.