(10) ALA discriminatorily refused to let Gibson's sister assist with work in the human resource office whereas ALA permitted other employees to bring in relatives to work for them. Id. at 470-71, 480;
(11) Anonymous racially insulting messages were left on Gibson's voice mail and ALA discriminatorily failed to take any action. Id. at 485-487. In the past when sexually explicit messages were left on another employee's voice mail, ALA circulated a memorandum indicating that such conduct would not be tolerated. Id. at 487;
(12) ALA program officers, all of whom were white, insisted on being consulted regarding changes in personnel policies. Id. at 537, 539. Gibson felt she had no support from the empowered group at ALA, she felt she was standing alone, and that it was a demeaning and dehumanizing experience. Id.;
(13) At an affirmative action meeting on April 7, 1992, Linda Crismond greeted everyone in attendance except her, and while Crismond asked the other attendees for input throughout the meeting, Gibson was not asked for input until the end of the meeting. Id. at 497-98. At this meeting, Bill Snapp, an outside attorney for ALA, commented that ALA needed to be careful about affirmative action objectives because they may lead to the hiring of unqualified people. Gibson found the remark insulting and found it inappropriate that neither Crismond nor Martin objected to the statement. Id. at 503;
(14) The offices of the human resources department were moved without any input by Gibson and without any advance notice to her. Id. at 524.
Gibson claims that she and other ALA minority employees experienced ALA as a racist environment in which minorities were treated as non-entities, received more difficult assignments, were not exposed to training, and were brought in at clerical positions without good career growth opportunities. See id. at 542-43, 611.
Summary Judgment Standard
Summary judgment is proper only if the record shows that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c). A genuine issue for trial exists only when "the evidence is such that a reasonable jury could return a verdict for the nonmoving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 91 L. Ed. 2d 202, 106 S. Ct. 2505 (1986). The court must view all evidence in a light most favorable to the nonmoving party, Valley Liquors, Inc. v. Renfield Importers, Ltd., 822 F.2d 656, 659 (7th Cir.), cert. denied, 484 U.S. 977, 98 L. Ed. 2d 486, 108 S. Ct. 488 (1987), and draw all inferences in the nonmovant's favor. Santiago v. Lane, 894 F.2d 218, 221 (7th Cir. 1990). However, if the evidence is merely colorable, or is not significantly probative, summary judgment may be granted. Liberty Lobby, 477 U.S. at 249-50; Flip Side Productions, Inc. v. Jam Productions, Ltd., 843 F.2d 1024, 1032 (7th Cir.), cert. denied, 488 U.S. 909, 102 L. Ed. 2d 249, 109 S. Ct. 261 (1988). In determining whether a genuine issue exists, the court "must view the evidence presented through the prism of the substantive evidentiary burden." Liberty Lobby, 477 U.S. at 254. In making its determination, the court's sole function is to determine whether sufficient evidence exists to support a verdict in the nonmovant's favor. Credibility determinations, weighing evidence, and drawing reasonable inferences are jury functions, not those of a judge. Liberty Lobby, 477 U.S. at 255.
Equal Pay Act And Wage-Discrimination Claims Under Title VII and § 1981
1. Equal Pay Act
To establish a prima facie case under the Equal Pay Act, Gibson must show that: (1) ALA paid different wages to males; (2) the male employees performed equal work that requires equal skill, effort, and responsibility; and (3) the work was performed under similar working conditions. See Soto v. Adams Elevator Equipment Co., 941 F.2d 543, 548 (7th Cir. 1991); Fallon v. State of Illinois, 882 F.2d 1206, 1208 (7th Cir. 1989). Gibson must establish, based upon "'actual job performance and content not job titles, classifications or descriptions' that the work performed . . . is substantially equal." E.E.O.C. v. Mercy Hosp. & Medical Center, 709 F.2d 1195 (7th Cir. 1983) (quoting Gunther v. County of Washington, 623 F.2d 1303, 1309 (9th Cir. 1979), aff'd, 452 U.S. 161, 68 L. Ed. 2d 751, 101 S. Ct. 2242 (1981)). However, the work need not be identical. Fallon, 882 F.2d at 1208. It is sufficient if the duties involve a "common core" of tasks, that is, "whether a significant portion of the two jobs is identical." Id. at 1209.
ALA contends that Gibson fails to establish a prima facie case under the Equal Pay Act because none of the male employees with whom she compares herself perform "equal work" within the meaning of the act. Gibson compares her salary to that of the director of marketing (Evelyn Shaevel), director of research and statistics (Mary Jo Lynch), accreditation officer (Prudence Dalrympole), director of library information technology association (Linda Knudsen), public information officer (Linda Wallace), director of membership services (Gerald Hodges), director of data processing (Richard Roman), and controller (Russ Swedowski). See ALA Facts, Exh. B. Gibson Dep. at 286-305. For purposes of discussing Gibson's Equal Pay Act claim, the only relevant comparisons are with the male employees.
Although Gibson compares her salary to the salaries of Hodges, Roman, and Swedowski, she fails to raise a genuine issue as to whether her job duties were substantially equal to their's. Gibson's testimony regarding the duties and qualifications of Hodges, Roman, and Swedowski reveals that she cannot meet the "equal work" element of the prima facie showing required under the Equal Pay Act. Gibson testified that Swedowski's position of controller required "an undergraduate degree in finance and/or accounting." Id. at 304. She also testified that the controller position may have required a certified public accountant. Id. Gibson's position as human resource director did not have comparable requirements. See id., Dep. Exh. 17, human resource director job description. Thus, the skills required of the controller are distinct from those required of the director of human resources. Further, Gibson makes no showing that the job duties of the controller are substantially equal to her job duties. Gibson's description of the job duties of Hodges and Roman in their respective capacities as director of membership services and director of data processing also reveals virtually no overlap with her duties. See id. at 297-98, 301, and Dep. Exh. 17. Because Gibson fails to raise a genuine issue as to the equal work element, ALA's motion for summary judgment on Gibson's Equal Pay Act claim is granted.
2. Wage Discrimination Under Title VII and § 1981
Gibson's Title VII and section 1981 wage discrimination claims require more complex analysis due partially to the fact that neither the Supreme Court nor the Seventh Circuit has articulated clear standards governing wage discrimination claims brought under Title VII.
In County of Washington v. Gunther, 452 U.S. 161, 68 L. Ed. 2d 751, 101 S. Ct. 2242 (1981), the Supreme Court held that a Title VII claim of discriminatory undercompensation is not barred merely because the plaintiff does not perform work equal to her opposite-sex counterparts. Id. at 181. However, the Court did not delineate the contours of wage discrimination claims brought under Title VII. Id. Rather, the Court emphasized the narrowness of the question presented, which was whether a claim based on direct evidence of intentional sex discrimination in wages is precluded unless it satisfies the equal work standard of the Equal Pay Act.
See id. at 165-66.
Nor has the Seventh Circuit delineated the elements necessary for a prima facie case of wage discrimination under Title VII. Weiss v. Coca-Cola Bottling Co., 990 F.2d 333, 338 (7th Cir. 1993). However, in Weiss, the court held that a female plaintiff "cannot establish a prima facie case of salary discrimination without evidence that similarly-situated males were paid more." Id. The court provided no guidance on the meaning of the term "similarly situated" as used in this context.
Gibson has submitted sufficient evidence to raise a genuine factual issue as to whether similarly situated white and male employees were paid more. Gibson submitted ALA job-classification documents showing that most of the positions she uses for salary comparison are encompassed by the same job title ("Supervisor II"). Gibson's Facts, Exh. O-1, Job Title/Job Group Dictionary. A Supervisor II is defined as:
A person who manages a departmental operation, typically directing work of S1 managers and professional staff; handles or markets medium or major membership divisions or indirect services to members. Incumbents typically have educational credentials, relevant training and experience and administrative backgrounds.