Nelson v. Realty Consulting Services, Inc.

431 F. App'x 502
CourtCourt of Appeals for the Seventh Circuit
DecidedJuly 25, 2011
DocketNo. 10-3207
StatusPublished
Cited by9 cases

This text of 431 F. App'x 502 (Nelson v. Realty Consulting Services, Inc.) 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
Nelson v. Realty Consulting Services, Inc., 431 F. App'x 502 (7th Cir. 2011).

Opinion

ORDER

Shauna Nelson was a property manager for Greenbriar Apartments, a 135-unit apartment complex in Indiana, owned by Realty Consulting Services, Inc. (“Realty”). Realty is a property management company incorporated in Illinois and operating in both Illinois and Indiana (Greenbriar is Realty’s only property in Indiana). Lawrence Irwin is the owner and president of Realty, and his daughter, Shane Adams, is the director of operations. Irwin’s assistant, Mary Graffeo, is responsible for payroll. Nelson was hired in 2004 as a leasing consultant, then was promoted to property manager, the position she held until she was fired in 2007. As Greenbriar’s property manager, Nelson was responsible for day-to-day operations and she supervised Greenbriar’s leasing, maintenance, and janitorial personnel.

In June 2006, Nelson suggested to Adams that Greenbriar could use a full-time janitorial worker, or “cleaner,” as it didn’t have one. She further suggested that her husband, Victor Nelson, would like the position. But all was not a sea of tranquility between them: Shauna and Victor had a tumultuous relationship, and had, in fact, been divorced at one point for about 12 days before getting remarried. Despite the old adage about working with friends or family members, Adams hired Victor as a direct report to Nelson. Nelson claims that during his employment interview Victor asked if his pay would be at least $10 an hour, and Adams responded, ‘We’re going to start you out around 24 [thousand dollars].” Adams contends that everyone agreed to Victor’s actual starting rate of $10 an hour, with a review after 90 days to see if things were working out. In October 2006, Victor’s pay was raised to $24,000 per year. After another 90 days or so, it was raised again, to $26,000, at the request of Nelson who felt that the work Victor was doing, which included some light maintenance, merited the bump.

In May 2007, a “maintenance marathon” (an event where major maintenance is done to improve a given property and workers who participate are paid overtime) was held at one of Realty’s properties. Nelson claims she asked Adams if Victor could work the marathon and that Adams said no because marathons were restricted to maintenance workers, and Victor was a cleaner. Adams says no one ever asked her if Victor could work the marathon. [504]*504Among the Realty personnel who did work the marathon was a Hispanic cleaner employed at a Realty property in Illinois.

In early July 2007, Victor called Adams and asked if he could be transferred to another property because he and Nelson were fighting, and he no longer wanted to work for her. Adams checked, but she didn’t have an opening for Victor at any other property. Victor resigned on July 9, 2007, and Adams offered to provide him with a reference. On the same day, Victor moved out of the house he shared with Nelson and into his grandmother’s home.

Two days after Victor quit, Nelson learned that the Hispanic cleaner who had worked the May 2007 maintenance marathon had just received a raise to $28,000. Nelson admitted at her deposition that she does not know how many units are in the property where the Hispanic cleaner works, nor is she aware of what this cleaner’s background is, how long he’s been with the company, or what his job responsibilities are. Boiled down, she simply knows that he’s Hispanic, he’s a cleaner, and he received a raise to $28,000 a year around the time that Victor quit.

On July 20, Victor called Realty’s corporate office. Graffeo answered the phone, and Victor proceeded to berate her. Graffeo passed the call to Adams who asked Victor not to call again. Adams then emailed Nelson to let her know about these conversations and that she’d told Victor not to call again. Nelson responded that she was “totally floored,” saying, “I’m sorry you’ll [sic] had to encounter an unpleasant conversation I can only imagine.”

In late July or early August 2007, Nelson recommended that Adams hire Joshua Miller to replace Victor. Adams started Miller, who like Victor is African-American, at $26,000 a year — the amount Victor had been making when he quit — because she felt history had shown that the property could support a cleaner’s salary at that level. A few days after he was hired, Nelson sent Adams an email complaining that Miller was starting at Victor’s ending pay rate. Adams asked Nelson to call her, and the two got into an argument on the phone. Nelson says that, although she was angry, she didn’t raise her voice during this argument and that Adams yelled at her. Adams says she and Nelson yelled at each other. Nelson did not mention the Hispanic cleaner during this conversation — -she complained only about Miller’s pay in comparison to Victor’s.

On August 7, Nelson says she accompanied Victor to the Gary Human Rights Commission so he could file a charge of discrimination. The charge was submitted on August 14, and in it Victor claimed he learned on July 11, 2007, (after his resignation) that a Hispanic cleaner at another property was making more than he had.1 He also claimed that Adams denied him the opportunity to work the maintenance marathon and misrepresented his salary on corporation papers.2 In his charge, Victor stated that he resigned because he was denied the wages afforded to others [505]*505performing the same job, and he believed he was discriminated against based on his race and religion.

On August 15, the day after Victor submitted his charge, Nelson went to a manager’s meeting at the corporate office in Inverness, Illinois. At the meeting she introduced herself as the “black sheep” of Realty. Adams claims that Nelson was also verbally combative throughout the meeting and argumentative in trying to get her points across. Nelson claims that after Adams was dismissive of a comment she made, she barely spoke for the remainder of the meeting.

On August 16, the Equal Employment Opportunity Commission’s (“EEOC”) Indianapolis District Office received Victor’s charge, and it issued a notice of a charge of discrimination the next day. Realty learned of the charge somewhere between August 17 and August 21, when Graffeo called Nelson and asked that she fill out a “Termination Description Form” for Victor. This form documents the employee’s name, job description, start and end dates, ending salary, and health insurance status, and has an area for an explanation of the circumstances of termination. Nelson protested, asking why the form was needed since Victor had resigned six weeks earlier and wasn’t fired. Graffeo said it was needed simply to close out Victor’s file and was standard operating procedure, regardless of whether a person quit or was fired. She told Nelson to fill out the form however she wanted. Nelson refused because, she claims, she felt Graffeo was asking her to falsify records in preparation for a response to the EEOC charge. Nelson told Graffeo she had never done this before for an employee who quit and said she wasn’t going to fill out the form. Graffeo responded that she wasn’t going to argue with Nelson and that Nelson should just fill out the form and send it over. Graffeo told Irwin and Adams that Nelson refused to complete the form. However, Nelson did, in fact, complete the form that day, and wrote in the explanation of termination section:

I don’t have an explanation for the description of termination, because Victor wasn’t terminated he resigned. I was called by Mary Graffeo requesting this form 8-21-07 but I explained to her that I’ve never filled one out before for any other employee who resigned only those who were terminated.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
431 F. App'x 502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nelson-v-realty-consulting-services-inc-ca7-2011.