Stephens v. Erickson

569 F.3d 779, 106 Fair Empl. Prac. Cas. (BNA) 1036, 2009 U.S. App. LEXIS 14117, 92 Empl. Prac. Dec. (CCH) 43,618
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 30, 2009
Docket08-1416
StatusPublished
Cited by243 cases

This text of 569 F.3d 779 (Stephens v. Erickson) 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
Stephens v. Erickson, 569 F.3d 779, 106 Fair Empl. Prac. Cas. (BNA) 1036, 2009 U.S. App. LEXIS 14117, 92 Empl. Prac. Dec. (CCH) 43,618 (7th Cir. 2009).

Opinion

KANNE, Circuit Judge.

Lesley Stephens, an employee of the City of Chicago, interviewed for four separate promotions between August and October 2004. The City selected another candidate to fill each position. Stephens sued *782 the City, alleging that he was denied a promotion in retaliation for filing a prior lawsuit and complaining of discrimination within his department. He also claims that his superiors further retaliated against him by altering the conditions of his employment. The district court granted summary judgment for the defendants on all counts. After considering Stephens’s arguments and the record below, we agree that summary judgment was appropriate.

I. Background

Lesley Stephens began working for the City of Chicago in 1979, when he was hired as a truck driver by the Department of Fleet Management (“Fleet”). In December 1985, Stephens was promoted to acting foreman. 1 Around one year later, in early 1987, the City appointed Stephens to be acting assistant superintendent at Fleet, a position that required him to supervise approximately 144 employees at twelve locations. Later that same year, Stephens was reassigned to his original position as a truck driver, and in early 1988, he suffered a back injury and took disability leave.

Stephens did not work for the City again until 1993, when he returned to Fleet as an accident adjuster, a position he has held ever since. His duties include evaluating, appraising, and photographing damaged City vehicles, as well as obtaining maintenance estimates from outside repair shops.

In 1997, Stephens, who is African American, filed a lawsuit alleging that the City engaged in racially discriminatory hiring and promotional practices. The parties eventually settled the dispute on July 6, 2004. Stephens now alleges that he also complained about racial discrimination before and after his settlement, including lodging internal grievances, writing letters to the Mayor of Chicago, and filing charges with the Equal Employment Opportunity Commission.

Shortly after Stephens settled his lawsuit, he applied for four supervisory positions, three of which were within Fleet and one that was in the Department of Aviation. Stephens was interviewed but was ultimately passed over for each promotion. He now asserts that the City refused to promote him in retaliation for his 1997 lawsuit and history of discrimination complaints, in violation of 42 U.S.C. § 1981 and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-3(a). Because Stephens claims that each promotional decision was retaliatory, we briefly explain the City’s promotional process and the circumstances surrounding the promotions.

A. The Promotional Process

For each job opening, a City employee interviewed Stephens and several other candidates. The interviewers used a standard Hiring Criteria Rating Form, on which they rated each candidate based on a variety of metrics, such as the applicant’s prior supervisory experience, and then calculated an overall numeric score. The interviewers, who did not have authority to hire, then recommended that the candidate with the highest score receive the promotion.

Defendant Michael Picardi, the Commissioner of Fleet, 2 possessed the final hiring authority for all positions within the de *783 partment. Picardi explained, however, that, he often delegated his authority over personnel decisions to A1 Fattore, then the Deputy Commissioner of Administrative Services. Typically, after Fattore obtained approval from the City to fill an open position, he would direct Laura Johnston, an administrative services officer, to generate an interview list from the Department of Personnel, schedule interviews, and assemble the necessary paperwork. After the interviews, Johnston would review the Rating Forms and prepare a hiring package for the candidate whom the interviewer rated the highest. Johnston possessed the authority to sign Commissioner Picardi’s name on the hiring form to approve the candidate’s hire. Stephens agreed when opposing defendants’ motion for summary judgment that Picardi did not delegate the final hiring authority to Fattore or Johnston, a position he maintains on appeal.

Finally, Picardi testified that he and his delegates relied exclusively on an interviewer’s hiring recommendation, and that during his tenure at Fleet, he had never overruled such a recommendation. In the case before us, the highest-rated candidate was selected for each open position. Picardi testified that he did not discuss the promotions in question with anyone, including the interviewers, and he was not personally involved in the promotional decisions.

B. The Three Fleet Department Positions

Stephens applied for three managerial positions within Fleet, each of which involved overseeing the maintenance of City vehicles. On August 27, September 10, and September 22, 2004, the City 3 interviewed Stephens and several other applicants for each open position. At that time, none of the interviewers knew about Stephens’s prior lawsuit or his discrimination complaints; one interviewer did not know Stephens at all prior to the interview. None of the interviewers discussed any applicant with Commissioner Picardi.

All three interviewers asked each candidate the same questions, and each interviewer ultimately awarded the highest rating to a candidate other than Stephens. In each case, the interviewer cited the winning applicant’s prior experience, recent job performance, or specific positive attributes relevant to the position. For example, the first successful applicant was serving as an acting manager and had helped convert Fleet to a new computer database; the second was serving in a supervisory role and previously oversaw a ten-month analysis of Fleet’s inventory; and the third had prior relevant experience at a car dealership and had performed well on certain assigned tasks. Each of the successful candidates also indicated a willingness to work any shift. 4

The interviewers did not consider Stephens to be an equally attractive candidate. They acknowledged that Stephens possessed some prior supervisory experience, but they believed it not to be as broad or pertinent as that of the other candidates. Further, at least one interviewer noted that he could not tell from Stephens’s resume when he served in his *784 prior positions. 5 The interviewers were also underwhelmed by Stephens’s demean- or during the interviews.

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Bluebook (online)
569 F.3d 779, 106 Fair Empl. Prac. Cas. (BNA) 1036, 2009 U.S. App. LEXIS 14117, 92 Empl. Prac. Dec. (CCH) 43,618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stephens-v-erickson-ca7-2009.