Tollie Carter v. Chicago State University

778 F.3d 651, 24 Wage & Hour Cas.2d (BNA) 390, 2015 U.S. App. LEXIS 2171, 98 Empl. Prac. Dec. (CCH) 45,253, 2015 WL 544881
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 11, 2015
Docket13-3367
StatusPublished
Cited by87 cases

This text of 778 F.3d 651 (Tollie Carter v. Chicago State University) 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.

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Tollie Carter v. Chicago State University, 778 F.3d 651, 24 Wage & Hour Cas.2d (BNA) 390, 2015 U.S. App. LEXIS 2171, 98 Empl. Prac. Dec. (CCH) 45,253, 2015 WL 544881 (7th Cir. 2015).

Opinion

KANNE, Circuit Judge.

Plaintiff Tollie Carter appeals the district court’s grant of summary judgment for defendants Chicago State University (“CSU”) and Farhad Simyar. He argues that CSU and Simyar retaliated against him in violation of the Family Medical Leave Act (“FMLA”) and Section 1981 of the Civil Rights Act of 1866 (“Section 1981”) by not appointing him acting department chair of CSU’s Department of Accounting and Finance in November of 2008. Carter also claims that the district court abused its discretion in denying his motion to reconsider its grant of summary judgment. For the reasons expressed below, we affirm the judgment of the district court.

I. Background

Carter holds a master of business administration degree (“MBA”) and is a certified public accountant (“CPA”). CSU’s College of Business hired him in 1986 as a temporary assistant professor in the Department of Accounting and Finance. In 1992, CSU granted Carter tenure and promoted him to associate professor. In January 1995, he was appointed department chair, and he held that position until June 1996, when he was removed by the university president. Since that time, he has held .the position of associate professor. Carter is an African-American male.

There are two other relevant actors in this story. Simyar joined CSU as dean of the College of Business in July 2005 and served in that capacity through January of 2010. Defendant Bijesh Tolia began working at CSU in 1997. In the fall of 2007, he was promoted from his prior position as a department chair to associate dean of the College of Business.

A. Carter’s Prior Lawsuit

CSU offers its faculty the option to teach summer courses, contingent .on the department’s budget, program needs, student interest, and a rotation list of professors who timely submit requests to teach specific classes. The list changes yearly depending on prior assignments, and it gives some preference to professors who are within four years of retirement. The department chair matches available professors with offered courses, subject to approval by the dean and a university-wide summer school committee. In the summers of 2006 and 2007, Carter was assigned to teach some, but not all, of the courses he requested.

*655 Likewise, CSU assigns professors their courses for the fall and spring semesters based on teaching preferences, departmental need, and student demand. During the spring semester of 2007, CSU assigned Carter to teach Accounting 213, which met on Thursday evenings.

Carter did not take well to that assignment. Beginning on January 11, 2007, Carter called in sick every Thursday and did not teach any of his courses that met that day. Following numerous communications regarding his absences, Carter met with CSU administrators on April 10. During that meeting, Carter blamed his refusal to teach the Thursday classes on CSU’s failure to accommodate his sleep apnea. After the meeting, he began teaching some of his Thursday courses, but continued to refuse to teach Accounting 213. Consequently, CSU’s Assistant Vice President Debrah Jefferson recommended that Carter be sanctioned a certain percentage of his salary.

Carter’s course assignments, among other complaints, formed the basis of a lawsuit he filed against CSU in August of 2007 (“Carter /”). There, Carter alleged that CSU was discriminating against him on the basis of race, gender, and disability in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), Section 1981, and the Americans with Disabilities Act (“ADA”). He later amended his complaint to include Simyar and Tolia as individual defendants in the Section 1981 claim. In 2011, the district court entered summary judgment against Carter on all but one of his claims, and the parties settled the remaining claim in June of 2012.

B. Spring 2008 FMLA Leave

During the spring semester of 2008, Carter was scheduled to teach four courses. On January 22, after the start of the semester, Carter requested leave under the FMLA to care for his mother. CSU granted the request, and Carter took FMLA leave from January 29 through March 20, 2008. CSU hired a part-time professor to teach one of Carter’s classes, and other professors within the Department taught the remaining three. When Carter returned from leave, CSU assigned him non-teaching duties for the remainder of the semester. Carter initially objected to the assignment, but he and CSU mutually resolved the dispute by mid-April of 2008.

C. Chair and Acting Chair Appointments

In April 2008, CSU’s Department of Accounting and Finance began the process of appointing a new department chair. A chair appointment at CSU occurs through a multistep procedure. First, the faculty votes to recommend a candidate. Second, the dean of the College of Business reviews the faculty vote and determines whether he concurs with the faculty’s selection. The dean then forwards the results of the faculty vote, along with his recommendation for the selection, to the provost. The provost and university president then discuss the appointment. The president ultimately decides who will be appointed chair, but usually follows the dean’s recommendation.

Carter and another professor, Dr. Ernest Coupet, submitted their names as candidates for the faculty vote. Carter and Coupet tied in the faculty election, each earning four votes. After the vote, Coupet withdrew from consideration in order to promote unity within the department. Dean Simyar was not willing to recommend Carter to the president, however, and he asked Coupet to reconsider his candidacy. Simyar told Coupet that, if needed, Simyar would seek to fill the position with a candidate from outside the *656 department, rather than recommend Carter. Coupet agreed to resubmit his name, and Simyar recommended Coupet to President Elnora Daniels. Daniels selected Coupet as chair in May 2008.

Simyar explained his lack of support for Carter’s candidacy by citing a policy — either of CSU or of President Daniels — that the Chair should hold a PhD or other terminal degree. Daniels had previously rejected several candidates for other department chair positions because they lacked terminal degrees. Coupet held a PhD, and Carter held an MBA, which is not a terminal degree.

Simyar testified that he knew Daniels would not approve Carter’s candidacy, since he lacked a terminal degree. At least three chairs of other departments, however, did not have PhDs at the time of Coupet’s appointment. 1 In addition, in the same year that Simyar recommended Cou-pet, he recommended a professor for another Chair position, even though that professor’s PhD was from an unaccredited institution.

Coupet’s tenure as chair was short — he resigned in August, after about two months in the position. Simyar selected Professor Atha Hunt as acting chair in November 2008. It appears that CSU had a less formalized process for the selection of acting chairs — they were appointed by the dean without a faculty vote or any particular degree requirements.

D. Procedural History

In January 2010, while Carter I

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778 F.3d 651, 24 Wage & Hour Cas.2d (BNA) 390, 2015 U.S. App. LEXIS 2171, 98 Empl. Prac. Dec. (CCH) 45,253, 2015 WL 544881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tollie-carter-v-chicago-state-university-ca7-2015.