Washington v. Office of the State Appellate Defender

84 F. Supp. 3d 658, 126 Fair Empl. Prac. Cas. (BNA) 1124, 2015 U.S. Dist. LEXIS 35577
CourtDistrict Court, N.D. Illinois
DecidedMarch 23, 2015
DocketNo. 12 C 8533
StatusPublished

This text of 84 F. Supp. 3d 658 (Washington v. Office of the State Appellate Defender) 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
Washington v. Office of the State Appellate Defender, 84 F. Supp. 3d 658, 126 Fair Empl. Prac. Cas. (BNA) 1124, 2015 U.S. Dist. LEXIS 35577 (N.D. Ill. 2015).

Opinion

MEMORANDUM OPINION AND ORDER

REBECCA R. PALLMEYER, United States District Judge

Plaintiff Alice Washington, an African American woman, had a successful career as a forensic social historian and investigator for Defendant Illinois Office of the State Appellate Defender (“OSAD”) until early 2008. At that time, Michael Pelletier was appointed to lead OSAD. Shortly after his arrival, Pelletier concluded that Ms. Washington’s employment status was misclassified and reduced her salary accordingly. Plaintiff, who received this news on the day she returned to work following a medical leave, filed an internal grievance challenging the reduction. Four days later, Pelletier called her into his office and demanded her resignation. In this lawsuit, Plaintiff alleges that she had her salary reduced and was eventually forced to resign because of her race and disability, in violation of the Americans with Disabilities Act and Title VII, and in retaliation for the grievance she filed, in violation of Title VII. She includes a claim of race discrimination for an earlier job reassignment as well. OSAD seeks summary judgment on all of these claims. The court concludes the evidence does not support Plaintiffs ADA claim, and grants summary [663]*663judgment on that claim. Plaintiffs claims of race discrimination related to her salary reduction and forced resignation survive this motion [68]. Her retaliation claim survives too, as further explained below.

BACKGROUND

I. Plaintiffs Job Responsibilities

Plaintiff Alice Washington started working at OSAD in 1997; she held the title of Forensic Social Historian (“Social Historian”) and was assigned to the PosNConvietion Unit. (Pl.’s Resp. [85] to Def.’s Stat. of Mat. Facts [69], hereinafter “Def.’s 56.1,” ¶¶ 1, 3.) The Post-Conviction Unit “handles cases of capital defendants who are appealing their convictions.” (First Am. Compl. [30], ¶ 12.) A Social Historian researches a client’s past, looking for potential mitigating factors to present at the client’s sentencing. The work requires developing and preparing “a client’s social history summarizing the significant developmental factors in the client’s life and background[.]” (First Am. Compl. ¶ 15.) Eileen McCarthy, Marylynn Kaplan, and Dana Pitts supervised Plaintiff while she worked for the Post-Conviction Unit; Anna Ahronheim was the Deputy Defender for the Post-Conviction Unit during the same time but was not Plaintiffs direct supervisor. (Pl.’s Resp. to Def.’s 56.1 ¶ 4.)

In 2003, Plaintiff was transferred on a temporary basis to the Death Penalty Trial Assistance unit (“DPTA”) and worked there, at least initially, as both a Social Historian and Investigator. (Id. ¶ 5.) Stephen Richards, Deputy Defender of the DPTA in 2003, and Edward Watkins, Chief Investigator of the DPTA, became Plaintiffs supervisors. (Id. ¶ 9.) The DPTA “assists indigent defendants [who] have active on-going trials in which they may be sentenced to death” and represents defendants directly, in addition to “lending assistance to court-appointed private attorneys and private attorneys defending defendants facing the death penalty.” (First Am. Compl. ¶ 13.) Unlike a Social Historian, who looks for evidence relevant to sentencing, an Investigator researches a client’s case for facts relevant to the client’s guilt or innocence. (Pl.’s Resp. to Def.’s 56.1 ¶ 14.)

Plaintiff testified that she worked as both an Investigator and Social Historian in the DPTA in 2003 and continued to perform the functions of both positions up to at least January 1, 2008. (See Washington Dep., Ex. 2 to Pl.’s 56.1 [85-2], 18:16— 22; 89:14-90:4.) At the time of her transfer in 2003, Plaintiff was the only Social Historian who was transferred to the DPTA and asked to do Investigation work and was the only DPTA employee who worked there as both an Investigator and Social Historian. (Def.’s Resp. [92] to Pl.’s Add’l Stat. of Mat. Facts [85], hereinafter “Pl.’s 56.1,” ¶ 13.)1 Plaintiffs transfer to the DPTA became permanent on July 16, 2007 (id. ¶ 9), and at the same time her job title changed from Social Historian to Investigator. (PL’s Resp. to Def.’s 56.1 ¶ 12.) Investigators earn less than Social Historians, but Plaintiffs new supervisor, Deputy Defender Stephen Richards, assured her that her salary would not be reduced as a result of the reassignment. (Id.) It was Theodore Gottfried, however, the then-head of OSAD, who had sole authority to set Plaintiffs salary. As discussed below, Gottfried’s successor, Michael Pelletier, [664]*664was “bothered” by Gottfried’s decision to allow Plaintiff to keep the higher salary even after she no longer worked as a Social Historian. (Id. ¶¶ 15, 37.)

Anna Ahronheim, Deputy Defender of the Post-Conviction Unit, told Plaintiff that the 2003 reassignment happened for two reasons. First, Ahronheim explained that the PosNConviction Unit no longer had any need for a Social Historian because there was a moratorium on the death penalty in Illinois beginning in 2003. (PL’s Resp. to Def.’s 56.1 ¶ 6; Def.’s Resp. to Pl.’s 56.1 ¶¶ 12, 25.) Plaintiff disputes this; she notes that Ahronheim proceeded to rehire or newly hire three Caucasian Social Historians (though it is unclear whether they were assigned to the Post-Conviction Unit): Marylynn Kaplan, Dana Pitts, and Jennifer Parrack. (Def.’s Resp. to Pl.’s 56.1 ¶ 12.) Second, at some point prior .to Plaintiffs temporary transfer to the DPTA in 2003, Ahronheim told Plaintiff that Ahronheim wanted all Social Historians to have earned a Master’s Degree in Social Work (“MSW”), and as Plaintiff did not have this degree, she no longer qualified for the position. (Pl.’s Resp. to Def.’s 56.1 ¶ 7.) Plaintiff believes Ahron-heim used the MSW requirement as a pretext for discrimination; she asserts that at the time, “Plaintiff was the only African-American FSH and the only FSH without an MSW in her unit.” (Id.) Pitts and Kaplan both have MSWs, and Parrack has a Masters of Arts in Forensics Psychology. (PL’s Resp. to Def.’s 56.1 ¶¶ 71, 75, 78.) In her deposition, Plaintiff testified that she has both a Bachelor’s degree and a Master’s degree but did not identify the field of study. (See Washington Dep., Ex. 2 to PL’s 56.1 [85-2], hereinafter “Washington Dep.”, 8:15-24.)

II. Plaintiffs Cancer Diagnosis and Treatment

In 2004, Plaintiff was diagnosed with breast cancer and went on medical leave for treatment, which included chemotherapy, radiation, and surgery. (PL’s Resp. to Def.’s 56.1 ¶ 10.) She returned to work in 2005 and underwent her final chemotherapy treatment in that year, but continued to undergo various other treatments until at least November 2009. (Id.; see Def.’s Resp. to PL’s 56.1 ¶ 32 (citing Washington Dep. at 111:8-9).) The chemotherapy caused plantar fasciitis, resulting in foot pain, and a type of nerve sensitivity known as neuropathy. (Def.’s Resp. to PL’s 56.1 ¶ 31.) During Plaintiffs deposition, she responded “no” to the question of whether the breast cancer affected her “job performance or duties in any way.” (See Washington Dep. at 36:2-4.) Plaintiff submitted a post-deposition affidavit that Defendant argues is inconsistent with this testimony. The affidavit states that “on more than one occasion, [Plaintiff] required leave from work because of [her] breast cancer and its complications and would return to work” when she was again able to perform her job duties. (Washington Aff., Ex.

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Bluebook (online)
84 F. Supp. 3d 658, 126 Fair Empl. Prac. Cas. (BNA) 1124, 2015 U.S. Dist. LEXIS 35577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-office-of-the-state-appellate-defender-ilnd-2015.