The opinion of the court was delivered by: Alesia, District Judge
MEMORANDUM OPINION AND ORDER
Before the court are: (1) defendant's motions in limine and (2)
defendant's motion for summary judgment pursuant to Federal Rule of Civil
Procedure 56(c). For the following reasons, the court: (1) denies
defendant's motions in limine and (2) grants defendant's motion for
summary judgment on all counts.
Plaintiff Karen Randall ("Randall") brought this suit against defendant
Unitech Systems, Inc. ("Unitech") alleging race and sex discrimination.
Specifically, Randall claims Unitech discriminated against her because of
her race and sex when Unitech terminated her employment.
On December 18, 2000, Randall, an African-American female, began her
employment as a Market Unit Leader in Unitech's Market Development
Group. Randall was a member of the leadership group and a member of the
Solutions Management team within the Market Development Group. Her duties
as Market Unit Leader included: (1) generating significant revenue and
profits from Unitech's Information Integrity solutions; (2) actively
collaborating with other leadership group members in the growth and
profitability of Unitech; and (3) Solutions Management. Randall's job
responsibilities also included writing and making presentations. As part
of her orientation Randall completed a ninety-day training program which
was designed to orient Randall to the company and assist her with her job
duties and projects.*fn2
Randall initially interviewed for the position of Group Leader of the
Market Development Group. However, Unitech's President and Company
Leader, Madhavan Nayar ("Nayar"), made the decision to hire Randall as
Market Unit Leader based upon her qualifications. Nayar acted as the
Group Leader of Market Development while the position remained vacant and
supervised Randall and the other members of the Market Development
Problems arose between Randall and some of the other Unitech
employees. There were complaints that Randall was attempting to act as a
supervisor to Mary Miller ("Miller") and Rakhi Advani ("Advani") when
Randall did not have supervisory authority. Group Leader for Team
Development Tim Augustine ("Augustine") felt that Randall was
condescending to Advani and another employee. Randall complained to Nayar
and Augustine that Miller and Advani were not completing their work.
Randall claims that Nayar and Augustine did not support her in dealing
with Miller and Advani. Additionally, Randall complains that the
leadership team resisted providing her with requested information.
Randall also states David P. Smith, referred to her as "you people," and
Mahmood Qadri, while emphasizing his Mideast descent, told her "but you,
you know, you came from Africa."*fn3
Nayar made the decision to terminate Randall's employment. Nayar's
reasons for firing Randall included: her lack of writing skills, her lack
of knowledge of the software marketing industry, and her poor attitude.
On April 17, 2001, Randall met with Augustine and Human Resources
Consultant Kathy Chang and was informed of Unitech's decision to
terminate her employment. At that meeting, Augustine told Randall there
was not a good fit between the position expectations and her skill set.
On June 21, 2001, Randall filed a charge with the Illinois Department
of Human Rights ("IDHR") and the Equal Employment Opportunity Commission
("EEOC") alleging that Unitech discriminated against her based on her
race and sex in regard to her dismissal. On January 18, 2002, in response
to Randall's request to withdraw the charge, the IDHR ordered the case
closed. On January 31, 2002, the EEOC issued a right to sue letter. On
February 13, 2002, Randall filed the current complaint against Unitech.
Count I alleges discrimination based on race in violation of Title VII of
the Civil Rights Act of 1964. Count II alleges discrimination based on
race in violation of 42 U.S.C. § 1981 ("§ 1981"). Count III
alleges discrimination based on sex in violation of Title VII. This court
has subject-matter jurisdiction over Randall's claims pursuant to
28 U.S.C. § 1331, as all counts arise under federal law. This matter
is currently before the court on Unitech's motion for summary judgment on
As a threshold matter, the court will dispose of Unitech's motions in
limine to establish what evidence is admissible and, therefore, properly
before this court in ...