Pasha Hunt-Golliday v. Metropolitan Water Reclamation District of Greater Chicago

104 F.3d 1004, 6 Am. Disabilities Cas. (BNA) 725, 1997 U.S. App. LEXIS 796, 69 Empl. Prac. Dec. (CCH) 44,516, 73 Fair Empl. Prac. Cas. (BNA) 1007, 1997 WL 16284
CourtCourt of Appeals for the Seventh Circuit
DecidedJanuary 17, 1997
Docket96-1332
StatusPublished
Cited by176 cases

This text of 104 F.3d 1004 (Pasha Hunt-Golliday v. Metropolitan Water Reclamation District of Greater Chicago) 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
Pasha Hunt-Golliday v. Metropolitan Water Reclamation District of Greater Chicago, 104 F.3d 1004, 6 Am. Disabilities Cas. (BNA) 725, 1997 U.S. App. LEXIS 796, 69 Empl. Prac. Dec. (CCH) 44,516, 73 Fair Empl. Prac. Cas. (BNA) 1007, 1997 WL 16284 (7th Cir. 1997).

Opinion

TERENCE T. EVANS, Circuit Judge.

In this lawsuit, Pasha Hunt-Golliday tossed everything in the kitchen, including the sink, at her former employer, the Metropolitan Water Reclamation District of Greater Chicago. She said the District engaged in race discrimination, gender discrimination, pregnancy discrimination and sexual harassment (two subsets of sex discrimination), discrimination due to her disabilities, retaliation against her for exercising rights under Title VII of the Civil Rights Act, and retaliation against her for exercising rights under the Americans With Disabilities Act. She also claimed that Metro Water intentionally inflicted emotional distress on her and that a conspiracy was afoot to deprive her of her rights. The district court dismissed half the claims on a Rule 12(b)(6) motion to dismiss, and that decision is not challenged on this appeal. Later, the district court dismissed the remaining claims on Metro Water’s motion for summary judgment. It is that decision we review today on Ms. Hunt-Golliday’s appeal.

“Discrimination suits” are a staple of federal court practice as we consider hundreds of cases each year falling under its general banner. In many cases of this sort we revisit old principles and restate and apply them to the unique facts of the case at hand. Consider, for example, the decision 24 years ago by the Supreme Court in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). In 1996 alone, in published opinions alone, we restated and applied the “McDonnell Douglas” methodology for resolving discrimination claims in 26 eases where district courts granted defense motions for summary judgment. Pasqua v. Metropolitan Life Ins. Co., 101 F.3d 514 (7th Cir.1996); Bultemeyer v. Fort Wayne Community Schools, 100 F.3d 1281 (7th Cir.1996); Denisi v. Dominick’s Finer Foods, Inc., 99 F.3d 860 (7th Cir.1996); Geier v. Medtronic, Inc., 99 F.3d 238 (7th Cir.1996); Testerman v. EDS Technical Prod. Corp., 98 F.3d 297 (7th Cir.1996); Cheek v. Peabody Coal Co., 97 F.3d 200 (7th Cir.1996); Wohl v. Spectrum Mfg., Inc., 94 F.3d 353 (7th Cir.1996); E.E.O.C. v. United Parcel Service, 94 F.3d 314 (7th Cir.1996); Helland v. South *1007 Bend Community School Corp., 93 F.3d 327 (7th Cir.1996); McKenzie v. Illinois Dept. of Transp., 92 F.3d 473 (7th Cir.1996); Miranda v. Wisconsin Power & Light Co., 91 F.3d 1011 (7th Cir.1996); Johnson v. City of Fort Wayne, Ind., 91 F.3d 922 (7th Cir.1996); Ford v. Wilson, 90 F.3d 245 (7th Cir.1996); Rabinovitz v. Pena, 89 F.3d 482 (7th Cir.1996); Smart v. Ball State University, 89 F.3d 437 (7th Cir.1996); Adler v. Glickman, 87 F.3d 956 (7th Cir.1996); Vitug v. Multistate Tax Comm’n, 88 F.3d 506 (7th Cir.1996); Ost v. West Suburban Travelers Limousine, Inc., 88 F.3d 435 (7th Cir.1996); Piraino v. International Orientation Resources, Inc., 84 F.3d 270 (7th Cir.1996); Mills v. First Federal Sav. & Loan Ass’n, 83 F.3d 833 (7th Cir.1996); Fuka v. Thomson Consumer Electronics, 82 F.3d 1397 (7th Cir.1996); Weisbrot v. Medical College of Wisconsin, 79 F.3d 677 (7th Cir.1996); Bratton v. Roadway Package Sys., Inc., 77 F.3d 168 (7th Cir.1996); E.E.O.C. v. Our Lady of Resurrection Med. Center, 77 F.3d 145 (7th Cir.1996); Wolf v. Buss (America) Inc., 77 F.3d 914 (7th Cir.1996); Smith v. Cook County, 74 F.3d 829 (7th Cir.1996). We affirmed the district courts in 21 of the 26 cases but found that the existence of disputed material facts in 5 cases made summary judgment inappropriate. Bultemeyer v. Fort Wayne Community Schools; Wohl v. Spectrum Mfg., Inc.; E.E.O.C. v. United Parcel Service; Johnson v. City of Fort Wayne, Ind.; Piraino v. International Orientation Resources, Inc. Because the criteria for granting motions for summary judgment, our standards for reviewing such decisions, and certain aspects of the law — like the McDonnell Douglas methodology — are well-known, we will dispense with restating the obvious. Now to the facts.

The plaintiff here is Pasha Hunt-Golliday (because hyphenated names get a bit clumsy when repeated often, we will, without intending any disrespect, shorten the plaintiff’s name to “Golliday” in this opinion), who was fired from her job with the Metropolitan Water Reclamation District of Greater Chicago. She started working at Metro Water as a laborer in 1987 and obtained civil service status in 1990. She was promoted twice, ending up as a “fireman-oiler” at the time of her discharge in 1994. A fireman-oiler, by the way, is someone who changes the oil in gear drives in the middle of sewage settling tanks. The job also requires the lubrication and maintenance of various other pieces of machinery.

Between 1989 and 1991 Golliday inquired about a promotion to a higher position— “Operating Engineer I.” At the time her inquiries began she was working at Metro Water’s Stiekney, Illinois, plant and had not yet been promoted to fireman-oiler. The chief operating engineer at the Stiekney plant, Peter Casey, told her she needed to obtain certification from a national institute for power engineers and then would need a “letter of verification” from Metro Water to allow her to take the required city exam for the engineer position. Golliday apparently took the institute’s classes and received the certification. By then she had received her promotion to fireman-oiler, and in connection with the change in positions she was transferred to Metro Water’s Calumet plant in Chicago.

Golliday, even though a Calumet employee at that time, requested the letter of verification from Casey at the Stiekney plant so she could take the 1991 city-wide engineer exam. Casey then mentioned another requirement: to get the verification letter, the City of Chicago required two years of high pressure boiler experience, which was unavailable to Golliday at Calumet and, in fact, at some point became unavailable to all fireman-oilers at Metro Water.

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104 F.3d 1004, 6 Am. Disabilities Cas. (BNA) 725, 1997 U.S. App. LEXIS 796, 69 Empl. Prac. Dec. (CCH) 44,516, 73 Fair Empl. Prac. Cas. (BNA) 1007, 1997 WL 16284, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pasha-hunt-golliday-v-metropolitan-water-reclamation-district-of-greater-ca7-1997.