Zepeda v. Cook County

980 F. Supp. 2d 1015, 2013 WL 5863055, 2013 U.S. Dist. LEXIS 156810
CourtDistrict Court, N.D. Illinois
DecidedNovember 1, 2013
DocketNo. 11 C 1604
StatusPublished
Cited by1 cases

This text of 980 F. Supp. 2d 1015 (Zepeda v. Cook County) 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
Zepeda v. Cook County, 980 F. Supp. 2d 1015, 2013 WL 5863055, 2013 U.S. Dist. LEXIS 156810 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, Chief Judge.

Esther M. Zepeda (“Plaintiff’) brings this action under Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq., and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et. seq., against Cook County and the Clerk of the Circuit Court of Cook County, Illinois (collectively, “Defendants”), alleging national origin discrimination, age discrimination, and retaliation. (R. 19, Am. Compl.) Presently before the Court is Defendants’ motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, the Court grants Defendants’ motion.

RELEVANT FACTS1

Plaintiff, a fifty-three-year-old Latin American female of Salvadorian descent, has been employed by the Clerk of the Circuit Court of Cook County (the “Clerk” or “Clerk’s Office”) since 2002.2 (Pl.’s Rule 56.1 Resp. ¶ 1.) Plaintiff began her employment as a grade 9 clerk in the Traffic Division of the Second Municipal District located in Skokie, Illinois, and was transferred in 2004 to serve in the position of Cashier 2 in the Criminal Division, where she currently remains. (Id. ¶¶ 5, 7.) In 2007, Plaintiff was promoted to a grade 10 position. (Id. ¶ 8.)

Plaintiff has had a difficult relationship with some of her supervisors at the Clerk’s [1020]*1020Office. (Id. ¶¶ 12-13, 17-21.) Vicki Vasquez, a Latino-American female, supervised Plaintiff when she worked in the Traffic Division and for some of the time she worked in the Criminal Division. (Id. ¶ 6; R. 71-2, Ex. B, Pl.’s Dep. at 38:18-39:16.) Plaintiff felt uncomfortable working with Vasquez; she found Vasquez’s personal questions to be disrespectful and her questions about transactions Plaintiff performed to be accusatory. (Pl.’s Rule 56.1 Resp. ¶ 12.) Plaintiff alleges that Vasquez once said to her: “why should I respect you when you are older than me, when you are old.” (Id. ¶ 13.) On another occasion, Vasquez told Plaintiff that Plaintiff was Spanish and she was American. (Id. ¶ 53.) Plaintiff also felt uncomfortable working with John Chatz, another of her supervisors. (Id. ¶ 17.) Plaintiff felt disrespected by the tone of voice Chatz used and the facial expressions he exhibited when he corrected her mistakes. (Id. ¶ 17.) Plaintiff understood that Chatz, as her supervisor, was entitled to criticize her, but she felt discriminated against when he accused her of things she did not do. (Id. ¶ 18.)

Denise Shine, a forty-four-year-old Caucasian female of German-Irish descent, is one of Plaintiffs current supervisors. (Id. ¶¶ 9-11.) Shine became the Criminal Manager for the Second Municipal District in 2009, and she supervises thirty courtroom clerks and approximately ten employees of the Clerk’s Office who work in the Second Municipal District. (Id. ¶ 11.) Shine testified in her deposition that Plaintiff is “a very good cashier. She’s customer oriented. She’s great with customers.” (Defs.’ Rule 56.1 Resp. ¶ 1.) Shine clarified that she was referring to “external customers,” and that Plaintiff does do not well with “internal customers” such as co-workers and managers. (Id.) Shine stated that Plaintiff is difficult to work with because she does not take direction well; she is easily flustered and frustrated. (Id.) Shine added that Plaintiff follows directions, but “there’s chaos and there’s dishevelness [sic] and there’s argument at any direction that she is given.” (Pl.’s Rule 56.1 Resp. ¶ 20; R. 71-3, Ex. C, Shine Dep. at 10:16-19.) Plaintiffs reaction towards management has been addressed on numerous occasions. (Pl.’s Rule 56.1 Resp. ¶20.) Shine stated that she could have disciplined Plaintiff on a weekly basis due to the frequency of Plaintiffs misconduct, but chose not to due to Plaintiffs difficult demeanor. (Id. ¶ 21.) Plaintiff disagreed with the manner in which her supervisors handled incidents where she was alleged to have made a mistake or conducted herself inappropriately. (Id. ¶ 48.) Plaintiff consistently disagreed with her supervisors’ version of incidents that occurred and thought that other co-workers or third parties should have been questioned regarding their version of a particular incident. (Id. ¶ 49.) Plaintiff has been disciplined on several occasions and has received a one-day suspension for violating sections of the Workplace Violence Policy, General Rules and Regulations, and Code of Ethics.3 (Id. ¶¶ 47-51.)

[1021]*1021A collective bargaining agreement (“CBA”) entered into between the Clerk of the Circuit Court and the AFL-CIO Union establishes the bidding process for filling vacant positions within the Clerk’s Office. (Id. ¶ 25; R. 71-6, Ex. E, Tab 1, Collective Bargaining Agreement.) Pursuant to the CBA, all promotions to a primary, secondary, tertiary, or lateral vacancy are determined by assessing the bidders’ skills and abilities as determined by evaluation scores, job-related training and education, discipline history, and time actually performing the job, along with demonstrated ability. (Pl.’s Rule 56.1 Resp. ¶ 26.) Plaintiff bid on positions that she assumed she was qualified for based on her seniority, knowledge, and skills. (Id. ¶ 22.) Sometime in 2008 or 2009, Plaintiff made an inquiry as to the reason she had not been promoted to vacant positions. (Id. ¶ 24.) She received in response an inner-office memorandum from Chief Deputy Diane Newman that explained the primary, secondary, tertiary, and lateral bid process. (Id.) Plaintiff does not know how many employees bid for open positions or what specific criteria were used to award the bids, but she nevertheless took issue with the awarding of vacant positions to Luz Santiago, Izza Garcia, and Danuta Bogdan because she believed they had less seniority than she did. (Id. ¶¶ 23, 27.) Plaintiff claims she had more experience than Santiago, Garcia, and Bogdan because she had worked in both the Traffic Division and the Criminal Division. (Id. ¶ 28.) Plaintiff has no knowledge, however, of these individuals’ hire dates, prior work experience within the Clerk’s Office, disciplinary history, or individual evaluations. (Id. ¶ 27.) Santiago is forty-four years old and believed by Plaintiff to be Puerto Rican; Garcia is forty-two years old and believed by Plaintiff to be Mexican; and Bogdan is sixty-five years old and believed by Plaintiff to be Polish. (Id. ¶¶ 27-31.)

Employees are cross-trained when there is staff available to train the individual and cover the needs of the individual’s office while he or she is being trained. (Id. ¶ 37.) An employee does not need to complete cross-training to be awarded a vacant position. (Id. ¶ 34.) Employees seeking cross-training submit a written request to Amy Przybylo, the Chief Deputy Clerk of the Second Municipal District. (Id. ¶¶ 16, 36.) Przybylo is a sixty-two-year-old Caucasian female. (Id.

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980 F. Supp. 2d 1015, 2013 WL 5863055, 2013 U.S. Dist. LEXIS 156810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zepeda-v-cook-county-ilnd-2013.