The opinion of the court was delivered by: Charles P. Kocoras, Chief Judge United States District Court
CHARLES P. KOCORAS, Chief District Judge:
This matter is before the court on Plaintiff Beatriz A. Anzaldua's ("Anzaldua") motion for reconsideration. For the reasons set forth below we deny the motion for reconsideration.
Plaintiff Anzaldua, a "white/Hispanic woman," worked for the CTA as an administrative assistant for approximately fifteen years. During her employment as an administrative assistant, Anzaldua's responsibilities included organizing paperwork, reporting, and scheduling documents for the work performed on the CTA property for the north side of Chicago. On August 10, 2001, James Jenkins ("Jenkins"), a black male, conducted a meeting of the managers and coordinators of systems maintenance for the north side of Chicago. The attendees at the meeting included Anzaldua and Eileen Wrightsell ("Wrightsell"), a black administrative assistant working for the CTA on the south-west side of the city. At the meeting Jenkins announced that Anzaldua was reassigned to the Beverly office on the south-west side of the city, which Anzaldua claims is in a predominately black neighborhood and is not near her home. Additionally, Jenkins relocated Wrightsell to the north side to fill Anzaldua's vacant position.
Anzaldua claims that, except for management personnel, a support staff employee within the system has never been reassigned. After the meeting Anzaldua confronted Jenkins and asked why she was reassigned to the south-west side of the city. According to Anzaldua, Jenkins told her that when his wife returned to work she was transferred, without reason, to an uncomfortable location, and "what goes around comes around." Jenkins also allegedly stated: "See how you like it working with my people" and "if you don't like it, quit." Anzaldua claims she was discriminated against because of her race in violation of 42 U.S.C. § 2000e et seq. and was constructively discharged on August 17, 2001. We granted CTA's motion to dismiss on November 14, 2002. Anzaldua now asks us to reconsider our ruling.
Rule 59(e) permits parties to file, within ten days of the entry of a judgment, a motion to alter or amend the judgment. Motions for reconsideration under Rule 59(e) are designed to correct manifest errors of law or fact or to present newly discovered evidence. Publishers Res., Inc. v. Walker-Davis Publ'ns, Inc., 762 F.2d 557, 561 (7th Cir. 1985). Such motions do not give a party the opportunity to rehash old arguments or to present new arguments "that could and should have been presented to the district court prior to the judgment." Moro v. Shell Oil Co., 91 F.3d 872, 876 (7th Cir. 1996) (citing LB Credit Corp. v. Resolution Trust Corp., 49 F.3d 1263, 1267 (7th Cir. 1995)). Rather, a Rule 59(e) motion "must clearly establish either a manifest error of law or fact or must present newly discovered evidence" in order to be successful. LB Credit Corp., 49 F.3d at 1267 (quoting Federal Deposit Ins. Corp. v. Meyer, 781 F.2d 1260, 1268 (7th Cir. 1986)). The decision of whether to grant or deny a Rule 59(e) motion "is entrusted to the sound judgment of the district court . . . ." In re Prince, 85 F.3d 314, 324 (7th Cir. 1996).
Anzaldua acknowledges that she does not state a hostile work environment claim. She takes issue with our determination that she did not suffer a material adverse employment action. To proceed under the indirect method for proving discriminatory intent a plaintiff needs to first establish a prima facie case of race discrimination. Traylor it Brown, 295 F.3d 783, 787-88 (7th Cir. 2002). To establish a prima facie case of race discrimination a plaintiff must show: "(1) that she was a member of a protected class; (2) that she was performing her job satisfactorily; (3) that she experienced an adverse employment action; and (4) that similarly situated individuals were treated more favorably." Id. at 788. An adverse employment action must be material and thus must be "more disruptive than a mere inconvenience or an alteration of job responsibilities." Id. (quoting Rabinovitz v. Pena, 89 F.3d 482, 488 (7th Cir. 1996)). Also, simply because an employment action makes an employee unhappy, does not make the action an adverse employment action. Smart v. Ball State Univ., 89 F.3d 437, 441 (7th Cir. 1996).
Anzaldua does not present any novel arguments to show that she suffered a material adverse employment action. Instead she implores the court to reconsider the same evidence and same arguments. Anzaldua continues to argue that the evidence shows that she subjectively was too frightened to work on the southwest side and refers to her "state of mind" several times. However, our prior opinion made it clear that the flaw in her complaint was not that it did not show her to be subjectively harmed. Rather the problem was that the complaint did not supply sufficient evidence to show that her fears were reasonable.
Anzaldua persists in asserting additional allegations concerning threats of violence and systematic harassment of all Hispanics which are not included within her amended complaint and which we declined to take into consideration for our prior ruling. Also, Anzaldua continues to argue that she was harmed because she had to work in what she called a "predominately black and presumably hostile environment." Although she states in her motion for reconsideration that this case "is not about a woman's quasi-racial fears," other portions of her motion for reconsideration indicate otherwise. She complains in her motion for reconsideration that she would have had to work with Jenkins' "people" and she made it clear in her response to the motion to dismiss that she thought "Jenkins' people" meant "black people." She asks in her motion for reconsideration for this court's sympathy because of "her expectations of the treatment she would receive at the `Beverly Shop' which she was being transferred to." We indicated in our prior ruling that we would not entertain such an argument because it is based on the same type of racist stereotyping that Anzaldua herself complains of. We are a court of law and our purpose is to provide remedies for legally cognizable harms, not to hold the worlds accountable for Anzaldua's unreasonable subjective fears.
Anzaldua also disputes our ruling that she was not constructively discharged. In order to establish a constructive discharge an employee must show that "his working conditions were so intolerable that a reasonable person would have been compelled to resign." Simpson v. Borg-Warner Automotive, Inc., 196 F.3d 873, 877 (7th Cir. 1999) (quoting Rabinovitz v. Pena, 89 F.3d 482, 489 (7th Cir. 1996)). Anzaldua claims that the evidence shows that the alleged wrongful conduct "created in her a fear great enough that it forced her to resign rather than accept a transfer." It is not sufficient that Anzaldua subjectively felt as though she was forced to resign. Anzaldua may have actually been suffering because she was going to have to work in what she thought was a "predominantly black and presumably hostile environment," but unless a reasonable person would suffer similarly, it is not sufficient for the purposes of a constructive discharge.
Anzaldua also complains that this court was not justified in creating a per se rule that an increase in an employee's commute to work resulting from a transfer is never evidence that the transfer is a material adverse employment action. We never stated in our prior ruling that we were creating a per se rule. Each case is to be evaluated individually in accordance with its own unique set of facts. An adverse employment action must be material and thus must be "more disruptive than a mere inconvenience or an alteration of job responsibilities." Traylor, 295 F.3d at 788 (quoting Rabinovitz v. Pena, 89 F.3d 482, 488 (7th Cir. 1996)). In ...