Terri L. Bragg v. Navistar International Transportation Corporation

164 F.3d 373, 1998 U.S. App. LEXIS 32503, 74 Empl. Prac. Dec. (CCH) 45,726, 78 Fair Empl. Prac. Cas. (BNA) 1479, 1998 WL 901536
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 28, 1998
Docket98-1686
StatusPublished
Cited by107 cases

This text of 164 F.3d 373 (Terri L. Bragg v. Navistar International Transportation Corporation) 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
Terri L. Bragg v. Navistar International Transportation Corporation, 164 F.3d 373, 1998 U.S. App. LEXIS 32503, 74 Empl. Prac. Dec. (CCH) 45,726, 78 Fair Empl. Prac. Cas. (BNA) 1479, 1998 WL 901536 (7th Cir. 1998).

Opinion

FLAUM, Circuit Judge.

Terri Bragg appeals from summary judgment in favor of Navistar International Transportation Corporation (“Navistar”) on her claims brought under Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., and the Equal Pay Act, 29 U.S.C. § 621 et seq. 1 We now affirm.

I. BACKGROUND

Terri Bragg, an African-American woman, began working at Navistar on January 2, 1991, as an entry-level Engineer, Specification-Compiler II, Grade Level 8. She transferred departments and changed job titles several times before becoming an Engineer Drafter I, Grade Level 8 in 1994. During her employment at Navistar, Bragg complained that she was not being promoted. Bragg claims that at some point during her employment, unbeknownst to her, she was subjected to a performance demonstration to evaluate whether she deserved a promotion. Bragg was not given a promotion after her performance demonstration. At least one other person in her department, an African-American man, was subjected to a similar performance demonstration.

In 1995, Bragg and three white men in her department were given a formal “performance test” after complaining to their union about not getting promotions. Because she was the most senior of the four complaining employees, Navistar tested Bragg first, and told her that if she passed, she would be promoted. She failed the test. The three white men were then tested together and all three passed the test. The most senior of *376 the three was promoted immediately. The other two men were eventually promoted, one was promoted a year later and the other was promoted sixth months after that.

In 1996, Bragg began having attendance problems at work. The record indicates that she was suffering from depression. Her union contract required her to provide Navistar with documentation regarding her absences. On March 15, 1996, after being absent from work for over five days, Navistar instructed Bragg to bring documentation of her absence by 4:00 p.m. that day. When she did not, Navistar sent Bragg a letter of termination. Subsequently, Bragg brought in the required paperwork and Navistar reinstated her by a letter dated March 27, 1996. Bragg claims that when she returned to work, she found that everyone in her area had been promoted except for her and that her belongings had been confiscated.

From March 25 to April 8, 1996, Bragg was again absent from work. She promised to bring the required documentation for those absences to Navistar by April 4, 1996. When she did not, Navistar once again terminated her, this time by a letter dated April 8. On April 23, 1996, Bragg’s doctor sent a letter to Navistar and Bragg was again reinstated. The reinstatement letter stated that she was to return to work on May 15, 1996, and that if her disability prevented her from returning to work by that date it was her responsibility to notify Navistar. Bragg eventually obtained documentation to extend her absence from work until May 24, 1996, but she never gave this paperwork to Navis-tar because, by then, she claims she had decided not to return to work. However, Bragg never notified Navistar of her intention not to return. Navistar fired Bragg by a letter dated June 3,1996.

II. ANALYSIS

A. Standard of Review

This court reviews a grant of summary judgment de novo, construing the evidence in the light most favorable to the non-moving party. See Drake v. Minnesota Mining & Mfg. Co., 134 F.3d 878, 883 (7th Cir.1998). Summary judgment is appropriate if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Salima v. Scherwood South, Inc., 38 F.3d 929, 931 (7th Cir.1994).

B. Disparate Treatment

Bragg first claims that the district court erred when it found that she had failed to establish a prima facie case of disparate treatment. Disparate treatment “occurs when a plaintiff is intentionally treated less favorably than others simply because of his race, color, religion, sex or national origin.” Vitug v. Multistate Tax Comm’n, 88 F.3d 506, 513 (7th Cir.1996). Under the burden-shifting formula of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), a Title VII plaintiff must first establish a prima facie case of race or sex discrimination by proving that she: (1) was a member of a protected class; (2) was qualified for the job in question or was meeting her employer’s legitimate performance expectations; (3) suffered an adverse employment action; and (4) the employer treated similarly situated persons not in the protected class more favorably. Taylor v. Canteen Corp., 69 F.3d 773, 779 (7th Cir.1995). We find that Bragg did not meet this test because she has failed to allege facts sufficient to prove an adverse employment action.

Bragg points to the performance demonstration and the perfoimance exam as evidence that she suffered adverse actions from Navistar. As to the performance demonstration, Bragg argues that only one other person, an African-American, was subjected to it. The evidence she presents to support this claim is the deposition testimony of Joe Hansen, the Director of Human Resources, who stated that he tested “other people” and specifically remembered the name of an African-American man who was similarly treated. However, Hansen did not testify that this African-American man was the only other person subjected to the performance demonstration. In any event, Bragg has not provided any facts to show that this performance demonstration, in and of itself, was an adverse employment action rising to the level of those listed in Taylor, 69 F.3d at 779 (a *377 plaintiff must show that ‘ he was discharged, not hired, not promoted, etc.”).

As to the second incident, the performance exam, Bragg argues that she suffered disparate treatment because she was tested under different conditions than her white male colleagues. She claims that this allegation is enough to state a prima facie claim of disparate treatment. We disagree. Bragg has not provided any evidence showing that the specific testing conditions were different, other than the fact that Bragg was tested first and alone, while the white men were then tested together. 2 Bragg has also failed to provide evidence that the white men took an easier test. She provides only eonclusory statements that the testing conditions were less favorable to her.

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

Related

Barhoumeh v. Wilkie
N.D. Illinois, 2024
Mark Laster v. City of Kalamazoo
746 F.3d 714 (Sixth Circuit, 2014)
Duncan v. Thorek Memorial Hospital
784 F. Supp. 2d 910 (N.D. Illinois, 2011)
Graber v. MAD BREWER, INC.
773 F. Supp. 2d 765 (N.D. Indiana, 2011)
Orbit One Communications, Inc. v. Numerex Corp.
692 F. Supp. 2d 373 (S.D. New York, 2010)
Slater v. Town of Exeter et al.
2009 DNH 029 (D. New Hampshire, 2009)
Taylor v. Lifetouch National School Studios, Inc.
490 F. Supp. 2d 944 (N.D. Indiana, 2007)
DeStefano v. Cochran
491 F. Supp. 2d 796 (N.D. Indiana, 2007)
Dean Officer v. Chase Insurance Life & Annuity
478 F. Supp. 2d 1069 (N.D. Indiana, 2007)
King, Maurice L. v. Gonzales, Alberto
186 F. App'x 675 (Seventh Circuit, 2006)
Smith v. Carrasco
423 F. Supp. 2d 859 (N.D. Indiana, 2006)
Kruger v. Principi
420 F. Supp. 2d 896 (N.D. Illinois, 2006)
Willson v. Buss
370 F. Supp. 2d 782 (N.D. Indiana, 2005)
Kochert v. Greater Lafayette Health Services, Inc.
372 F. Supp. 2d 509 (N.D. Indiana, 2004)
Strickland v. Shotts
408 F. Supp. 2d 633 (N.D. Indiana, 2004)
Davis v. Precoat Metals, a Division of Sequa Corp.
328 F. Supp. 2d 847 (N.D. Illinois, 2004)
DirecTV, Inc. v. Ferguson
328 F. Supp. 2d 904 (N.D. Indiana, 2004)
Whitsell v. Bradshaw Insurance Group, Inc.
321 F. Supp. 2d 983 (N.D. Indiana, 2004)
Watson v. Riggle
315 F. Supp. 2d 963 (N.D. Indiana, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
164 F.3d 373, 1998 U.S. App. LEXIS 32503, 74 Empl. Prac. Dec. (CCH) 45,726, 78 Fair Empl. Prac. Cas. (BNA) 1479, 1998 WL 901536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terri-l-bragg-v-navistar-international-transportation-corporation-ca7-1998.