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GIBSON v. AMERICAN LIBRARY ASSN.

August 25, 1993

MARLA GIBSON, Plaintiff,
v.
AMERICAN LIBRARY ASSOCIATION, Defendant.


Conlon


The opinion of the court was delivered by: SUZANNE B. CONLON

Plaintiff Marla Gibson sues defendant American Library Association ("ALA") for race and sex-based employment discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and under 42 U.S.C. § 1981, as amended by the Civil Rights Act of 1991, Pub. L. 102-166 (Nov. 21, 1991). Gibson also sues under the Equal Pay Act, 29 U.S.C § 206(d). In addition to these federal claims, Gibson sues ALA for intentional infliction of emotional distress, invoking the court's supplemental jurisdiction under 28 U.S.C. § 1367. ALA moves for summary judgment on all of Gibson's claims.

 BACKGROUND

 ALA is a not-for-profit association that promotes libraries and librarianship throughout the United States. ALA's principal office is in Chicago, Illinois. ALA's Local Rule 12(m) Statement of Facts ("ALA Facts"), P 1. Gibson, a black woman, was employed by ALA as director of human resources from December 1987 to August 1, 1992. ALA Facts, P 2. In June 1992, Gibson filed charges with the Equal Employment Opportunity Commission ("EEOC") and the Illinois Department of Human Rights, alleging that ALA had discriminated against her from the time she was hired to the time of her constructive discharge. Complaint P 5. On July 22, 1992, the EEOC issued a right-to-sue letter to Gibson. Id. at P 6. Thereafter, Gibson timely filed her complaint.

 In support of her claim of discrimination under Title VII and section 1981, Gibson presents evidence of a wide range of incidents that purport to evidence disparate treatment:

 (1) After Gibson accepted ALA's employment offer in 1987, but before she began work in December 1987, ALA informed her that she should attend ALA's mid-Winter conference in San Antonio, Texas in January 1988. Although Gibson did not object to attending, she felt she should have been afforded more advance notice. ALA Facts P 29. There was another incident in which she was not provided adequate notice to prepare for a meeting to review her budget. Gibson's Local Rule 12(n) Statement of Facts ("Gibson Facts"), Exh. G, Gibson Dep. at 391;

 (2) Gibson's supervisor, Ernest Martin, did not meet with her until her second week of work, and consequently she was introduced to the other employees by Louise Brewer, her subordinate. ALA Facts P 30, Gibson Facts P 26;

 (3) Ideas suggested by Gibson regarding preventative affirmative action were rejected, while similar ideas were accepted from a white female attorney who was retained by ALA as an affirmative action consultant. ALA Facts P 33, Gibson Facts PP 29, 30;

 (4) Gibson asserts that she was discriminatorily denied secretarial support in 1989 ostensibly because of a hiring freeze while white employees were able to hire secretarial support. ALA Facts P 35, Gibson Facts PP 32-34;

 (5) Gibson asserts that following a burglary in 1988, ALA was slow in replacing equipment stolen from the human resources department. ALA Facts P 49;

 (6) ALA did not follow Gibson's advice that it discontinue its long-standing practice of allowing employees to write book reviews for a flat fee. Gibson was concerned that the practice violated the Fair Labor Standards Act. ALA Facts P 50;

 (7) In September 1989, deputy executive director Roger Parent sent a memorandum to Gibson's supervisor, Ernest Martin, and to Gibson stating that the affirmative action presentation made by Sharon Reese, an outside consultant, was excellent because she made a subject that could be threatening and dry very lively and entertaining and real. ALA Facts P 52. Gibson, in turn, sent a memorandum to Parent and Linda Crismond, then the executive director, stating that she found it shocking that anyone would find affirmative action threatening. ALA Facts, Exh. B, Gibson Aff. at 386. Crismond called a meeting with Parent, Martin, and Gibson at which Parent yelled and screamed at Gibson, pounded his fist on the table, and shook his finger in Gibson's face. Gibson Facts, Exh. G, Gibson Aff. at 388;

 (8) A co-employee, Charles Harmon, physically threatened Gibson, stating that she "had better watch her back" until a problem involving benefit deductions was rectified. Id. at 376;

 (9) Martin required Gibson to clear her recommendations through her subordinate Louise Brewer, a black woman. ALA Facts, Exh. B, Gibson Dep. at 455-459;

 (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 ...


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