Vallabhapurapu v. First National Bank

998 F. Supp. 906, 1998 U.S. Dist. LEXIS 3646, 74 Empl. Prac. Dec. (CCH) 45,665, 1998 WL 136226
CourtDistrict Court, N.D. Illinois
DecidedMarch 23, 1998
DocketNo. 96 C 6496
StatusPublished

This text of 998 F. Supp. 906 (Vallabhapurapu v. First National Bank) 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
Vallabhapurapu v. First National Bank, 998 F. Supp. 906, 1998 U.S. Dist. LEXIS 3646, 74 Empl. Prac. Dec. (CCH) 45,665, 1998 WL 136226 (N.D. Ill. 1998).

Opinion

MEMORANDUM OPINION AND ORDER

CASTILLO, District Judge.

Plaintiff Durgaprasad Vallabhapurapu (“Prasad”) filed suit in this Court against his employer, First National Bank of Chicago (“FNB”), seeking compensatory damages and back pay arising from his demotion. Count I of Prasad’s complaint alleges that FNB demoted him because of his national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Count II alleges that the demotion was based on race in violation of Title VII. Count III charges that FNB demoted Prasad because of his age in violation of the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq. FNB has moved for summary judgment on all counts. Both parties have also filed motions to strike certain evidence from the record.

RELEVANT FACTS1

We begin by presenting the facts in a light most favorable to the plaintiff. See Wolf v. Buss America, Inc., 77 F.3d 914, 918 (7th Cir.), cert. denied, — U.S. -, 117 S.Ct. 175, 136 L.Ed.2d 116 (1996). Prasad began working for FNB in 1978. Def.’s Facts ¶ 1. On July 5,1993, he was promoted from Security Supervisor III, grade 9 (“Sergeant”), to Security Supervisor 1, grade 12 (“Commander”) for the third shift of FNB’s security operations. Id. Prasad is of Indian descent, Asian race, and is over 40 years old. Def.’s Facts ¶ 5.

The decision to promote Prasad (and later to demote him) was made by Timothy T. Janes. Def.’s Facts ¶ 4; Janes Dep., Ex. C, at 10-11. Janes has been FNB’s regional manager of security operations for the last five years. Def.’s Facts. ¶ 4; Janes Dep., at 4. As such, he has been either directly or indirectly in charge of Prasad during this time. Def.’s Facts ¶ 4; Janes Dep., at 4. When he promoted Prasad, Janes knew his age, race and national origin. Def.’s Facts ¶ 4; Janes Aff., Ex. D, ¶ 5.

The employees Janes promoted normally received a raise to the minimum level of their new salary grade. If the employee’s former salary exceeded the new minimum, however, Janes simply raised the employee’s salary 2-4%. Def.’s Facts ¶ 7; Janes Aff., ¶ 3. Since Prasad already earned more than the base salary for his new grade 12 position, [909]*909Janes gave Prasad a 2% raise.2 He was also aware that Prasad had received a 3% raise less than a month before his promotion. Def.’s Facts ¶¶ 6, 8; Janes Aff. ¶¶ 3-4. The 2% increase took into consideration the salaries of other shift commanders as well— Janes did not want a new shift commander’s compensation to exceed that of more senior shift commanders. Def.’s Facts ¶ 8; Janes Aff., ¶ 4. Prasad’s 2% raise placed him well above the minimum pay level for his position. Def.’s Facts ¶; Janes Aff. ¶ 4.

Prasad began in his new position on July 5, 1993. Comp. ¶ 8. As third shift Commander, Prasad’s duties included supervising-security personnel, and building trust, confidence and cooperation among third shift employees. Def.’s Facts ¶ 9; PL Dep., at 54, 58. In March 1994, however, several of Prasad’s subordinates — George L. VonKrause, Sandra M. Jacobs, Sharon C. Robinson, and Juanita M. Davis — began complaining to Janes about Prasad’s management style.3 Def.’s Facts ¶¶ 10-12; Janes Dep., at 17-18, 103-04. Richard D. Bargas and Daniel F. Kenealy, both sergeants (mid-level supervisors) on the third shift, also complained about Prasad’s poor management. Def.’s Facts ¶¶ 11-12; Janes Aff., ¶ 6; Janes Dep., at 17-18,103-04. None of these complaints were ever documented or made part of Prasad’s personnel file. PL’s Add’l Facts ¶ 3.

George VonKrause, a protection officer working under Prasad, talked to Janes about Prasad several times. Def.’s Facts ¶ 13; Janes Dep., at 29. VonKrause complained that Prasad yelled at him, demeaned him in front of others, and did not listen when approached by other security officers. Def. Facts ¶ 13; Janes Dep., at 30. In addition, VonKrause told Janes that morale was low on the shift because of Prasad’s ineffective management. Def. Facts ¶ 13; Janes Dep., at 30-31, 35-36. He alleged that Prasad often held female officers to a higher standard than their male counterparts and reprimanded the women more frequently. Def.’s Facts. ¶ 13; Janes Dep., at 106-07. Von-Krause explained that other officers had the same complaints but were afraid to come forward for fear that Prasad would retaliate against them. Def. Facts. ¶ 13; Janes Dep., at 36.

Sandra Jacobs, another protection officer on the shift, told Janes that Prasad treated her poorly and frequently yelled at her. Def.’s Facts ¶ 14; Janes Dep., at 37. She [910]*910recounted an incident where Prasad refused to accommodate (or even listen to) her request for a schedule change to care for her elderly mother. Prasad replied that he didn’t want to hear it, that Jacobs had a job to do and she had better be to work on time. Def.’s Facts ¶ 14; Janes Dep., at 105-06.

Other protection officers and sergeants on the shift echoed these sentiments. Officer Sharon Robinson informed Janes that Prasad treated employees on the shift poorly, berating them in front of their peers. Def.’s Facts ¶ 15; Janes Dep., át 103-04. Officer Juanita Davis told Janes she was one of those employees, reporting that Prasad frequently berated and demeaned her. Def.’s Facts ¶ 16; Janes Dep., at 103-04. Sergeants Bar-gas and Kenealy repeatedly complained that Prasad had belittled them in front of others and undermined their authority. Def.’s Facts ¶¶ 17-18; Janes Dep., at 25-28, 36-37. Janes says he was concerned about these complaints, and considered them serious because of their nature, frequency and number. Def.’s Facts ¶¶ 19, 20; Janes Dep., at-107-08. Despite his concern, Janes did not record the complaints or keep notes from his conversations with these employees. PI’ Add’l Facts ¶ 3.

Based on Prasad’s experience working other shifts and his discussions with other shift supervisors, Prasad maintains that employee morale on his shift was no worse than on other shifts.4 Pi’s Facts ¶21, Pi’s Aff. ¶ 5. Nevertheless, in Janes’ view, during the time that Prasad was third shift Commander, his crew’s morale was much worse than others’. Def.’s Facts If 21; Janes Dep., at 33-34. Janes formed this assessment based on the number and substance of comments about Prasad, and the employees’ general demeanor and attitude coming off the shift. Def.’s Facts ¶ 21; Janes Dep., at 34-35.

Janes had a few one-on-one meetings with Prasad to make him aware of these complaints, as well as to counsel him on improving his leadership. Def.’s Facts ¶ 22; Janes Dep., at 40-43, 50-51. Janes also discussed, in general terms, employee complaints and morale in meetings with Prasad and all the shift commanders, and discussed problems specific to the third shift in meetings with just Prasad and his sergeants. Def.’s Facts ¶¶ 22-24; PL’s Facts ¶ 22; Def.’s Resp. ¶ 10; Janes Dep., at 45-46; PL’s Dep., at 67, 180. Janes detailed employee complaints about low morale and Prasad’s refusal to entertain their requests and suggestions. Def.’s Facts ¶ 24; Janes Dep., at 45-46; PL’s Dep. at 68-71, 180. Following these meetings, Prasad agreed to implement strategies to manage the shift more effectively and compassionately. Def.’s Facts ¶ 25; PL’s Dep,, at 189.

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998 F. Supp. 906, 1998 U.S. Dist. LEXIS 3646, 74 Empl. Prac. Dec. (CCH) 45,665, 1998 WL 136226, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vallabhapurapu-v-first-national-bank-ilnd-1998.