Rogers v. Waukegan Public School District 60

924 F. Supp. 2d 940, 2013 WL 589211, 2013 U.S. Dist. LEXIS 19869
CourtDistrict Court, N.D. Illinois
DecidedFebruary 14, 2013
DocketNo. 10 C 1840
StatusPublished
Cited by3 cases

This text of 924 F. Supp. 2d 940 (Rogers v. Waukegan Public School District 60) 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
Rogers v. Waukegan Public School District 60, 924 F. Supp. 2d 940, 2013 WL 589211, 2013 U.S. Dist. LEXIS 19869 (N.D. Ill. 2013).

Opinion

Memorandum Opinion and Order

FEINERMAN, District Judge.

Plaintiff Alphonso Rogers alleges in this suit that Defendant Waukegan Public School District 60: (1) discriminated against him on the basis of his race (African-American) in violation of Title VII of the CM Rights Act of 1964, 42 U.S.C. § 2000e et seq., when it suspended him, changed the terms of his employment, issued him a reprimand letter, and ultimately fired him; (2) fired him in retaliation for his filing a discrimination charge with the Equal Employment Opportunity Commission (“EEOC”), also in violation of Title VII; and (3) breached its state law contractual obligations by failing to pay him for unused sick days and vacation days. Doc. 72 (third amended complaint). The District has moved for summary judgment. Doc. 134.

The motion is granted in part and denied in part. The District is entitled to summary judgment on Rogers’s Title VII discrimination claim, except as it relates to his termination. For each of the other alleged discriminatory actions, the District either has shown that the action was not a “materially adverse employment action” or has provided a legitimate, nondiscriminatory, and unrebutted reason for taking the action. The District is not entitled to summary judgment on the discriminatory termination claim because Rogers has adduced enough evidence of pretext to rebut the District’s nondiscriminatory explanation for firing him. Nor is summary judgment granted on the retaliation claim; the District’s sole argument — that it decided to fire Rogers before learning that he had filed an EEOC charge — fails because a reasonable jury could find that the termination decision was made after the District learned of the charge. Finally, the District is entitled to summary judgment on Rogers’s contract claim because the contract unambiguously provides that Rogers was not entitled to the pay he seeks for the unused vacation days and sick days.

Background

The following states the facts as favorably to Rogers as the record and Local Rule 56.1 allow. See Hanners v. Trent, 674 F.3d 683, 691 (7th Cir.2012). In considering the District’s summary judgment motion, the court must assume the truth of those facts, but it does not vouch for them. See Smith v. Bray, 681 F.3d 888, 892 (7th Cir.2012).

The District is a public school system in Waukegan, Illinois, that operates a high school and several middle schools and elementary schools. Doc. 153 at ¶¶ 2-3. At the top of the District’s decisionmaking hierarchy is the Board of Education, whose seven elected members make decisions by majority vote. Id. at ¶ 4. The District’s day-to-day operations are overseen by a superintendent hired by the Board. Id. at ¶ 5. Dr. Donaldo Batiste was the superintendent at all relevant times. Ibid. Although the superintendent makes many decisions on his own, the Board makes termination decisions after a recommendation from the superintendent. Id. at ¶ 6.

Rogers began working for the District in 1985. Id. at ¶ 9. He was employed as the Director of Safety and Security for much of that time. Ibid. Prior to July 2006, Rogers reported directly to the superintendent and had significant autonomy in [944]*944managing the Safety Department. Id. at ¶ 11. That month, the District hired Jules Gaudin to serve as deputy superintendent and chief operating officer. Id. at ¶ 12. At that point, Rogers began reporting to Gaudin rather than to Batiste. Ibid. Gaudin, a certified public accountant, worked with Rogers to cut costs by bringing oversight and accountability to the Department’s payroll practices. Id. at ¶¶ 13-15.

Rogers signed off on the payroll forms submitted by his subordinates before they were sent to the District’s payroll clerk. Id. at ¶ 20. Rogers had previously allowed safety officers to change their scheduled hours without recording the changes on their time sheets; Rogers referred to this practice as the “honor system.” Id. at ¶ 23. Some of the safety officers held full-time employment with other employers while also working full-time for the District. Id. at ¶ 24. In July 2007, the wife of a safety officer told Gaudin that she believed that her husband had been receiving pay for hours he had not worked and that he had told her that he could take as much overtime as he wanted, though he seemed not to be working very much overtime. Id. at ¶ 26.

Gaudin went to the police, whose investigation resulted in the arrest and criminal prosecution of some officers, who ultimately were acquitted. Id. at ¶¶ 27, 30; Doc. 158 at ¶ 6. The District retained an outside company, Probe International, Inc., to perform an independent investigation of the Safety Department’s timekeeping and payroll practices. Doc. 153 at ¶ 34. In January 2008, during the Probe investigation, Rogers overheard Sonny Garza, a board member, tell one of the District’s custodians that he (Garza) was out to get Rogers and the rest of his staff, whom Garza referred to as “niggers.” Id. at ¶ 32; Doc. 158 at ¶ 7.

In February 2008, Batiste decided to place Rogers on paid suspension pending Probe’s investigation to ensure that he would not interfere with the investigation or influence the Safety Department employees whom Probe would be interviewing. Doc. 153 at ¶ 36. Batiste appointed William Newby, who is white, to serve as the interim Director of Safety in Rogers’s place. Id. at ¶ 37. Newby’s ambition was not to hold onto that job but to assume a higher position in the District. Id. at ¶ 38. Batiste feared that Newby (who had been an unsuccessful candidate for principal of the District’s high school earlier in 2008) might quit working for the District altogether if not given a job with more responsibility. Id. at ¶ 39. In May 2008, Batiste recommended and the Board approved the creation of a new high-level position, the Executive Director of Campus Relations, Operations, and Safety, to oversee various District operations, including the Safety Department, and appointed Newby to the new position. Id. at ¶¶ 40, 43.

Rogers asserts that “[ajround April or May of 2008, Batiste called Rogers into his office shortly after the new board was elected and said this group of board members is out to get you. He implied it was racially motivated because of Rogers’ association with the African-American board members.” Doc. 158 at ¶ 13. But in the portions of his deposition transcript cited to support this assertion, Doc. 155 at 9, Rogers fails to explain or justify his inference that Batiste thought the new Board’s dislike of Rogers may have been racially motivated, and so the court will disregard that unsupported and conclusory assertion. As discussed below, the Board was racially diverse, with three white members, two Hispanic members, and two African-American members as of April 2008. Doc. 153 at ¶ 4.

Around May 2008, another Board member, Mark Hawn, spoke with Batiste about the Safety Department and said that Rog[945]*945ers should be removed from the Director position so that the District could professionalize the Department. Id. at ¶ 46. Hawn’s two children had attended the Waukegan public schools in the late 1980s and early 1990s, and during that time Rogers had disciplined them for using the term “nigger” at school. Id. at ¶ 47.

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Bluebook (online)
924 F. Supp. 2d 940, 2013 WL 589211, 2013 U.S. Dist. LEXIS 19869, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rogers-v-waukegan-public-school-district-60-ilnd-2013.