Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.


August 15, 2003


The opinion of the court was delivered by: Amy J. St. Eve, District Judge


Karla Kidd filed suit against Dobbs Temporary Services, Inc., doing business as Pro Staff Personnel Services, ("ProStaff") and SBC/Ameritech Corporation ("Ameritech") alleging that she was the victim of age and sex discrimination when Ameritech refused to hire her as a permanent employee and terminated her temporary assignment. Kidd stipulated to a dismissal of ProStaff. (R. 35-1). Subsequently, Ameritech moved for summary judgment. For the following reasons, the Court grants Defendant Ameritech's motion for summary judgment in part and denies it in part.*fn1


I. Relevant Ameritech Entities

Ameritech provides telephone service to customers in the Chicago area. (R. 44-1, Pl.'s [ Page 2]

56.1(b)(3)(A) Resp, at ¶ 2.) One of its related entities, SBC Global Markets, Managed Services and Custom Billing ("Custom Billing"), provides managed billing services to institutional and corporate clients. (Id. at ¶ 9, 10.)

Custom Billing generally staffs and trains a team of Billing Support Specialists for each of its accounts, (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp, ¶ 16.) Each team has a designated "Team Lead." (Id. at ¶ 18.) Team Leads arc not management employees, nor do they have an official job title, but rather are Billing Support Specialists who accept additional duties, (Id.)

Pam Ramirez served as the Director of Custom Billing. (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp, ¶ 21.) Ramirez supervised Vicki Dammer, who oversaw Billing Support Specialists and designated Team Leads on certain accounts. (Id. at ¶¶ 22-24, 33.)

Custom Billing contracts for the services of workers from temporary services agencies such as ProStaff, (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp. ¶¶ 19, 20.) The temporary positions are often of indefinite duration and sometimes last extended periods of time. (R. 54-1, Def.'s 56.1 (b)(3)(A) Reply ¶ 15.) Custom Billing generally hired permanent workers from the pool of temporary workers. (Id. at ¶ 16.)

II. Kidd's Assignment to Custom Billing

Karla Kidd, who was born in 1957, initially began an assignment for Ameritech in May 1999 through Manpower, a temporary employment agency. (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp. ¶¶ 1, 26.) Kidd served as a Billing Support Specialist on the Commonwealth Edison account and reported to Dammer, (Id. at ¶ 27.) Kidd did not experience any discrimination during this assignment, which she left in September 1999. (Id. at ¶¶ 28, 29.)

In December 1999, Kidd applied for work with ProStaff, intending to obtain another [ Page 3]

assignment with Custom Billing. (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp, ¶ 30,) In January 2000, ProStaff assigned Kidd to Custom Billing. (Id. at ¶ 32.) Based upon Kidd's satisfactory work history, Dammer and Ramirez approved Kidd's referral as a temporary worker, (Id. at ¶ 33.)

Custom Billing initially trained Kidd on the Security Link account. (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp. ¶ 34.) In March 2000, Custom Billing re-assigned Kidd, along with Susan Piano, Phillip Johnson, and Michael Troc, to the General Motors account. (Id. at ¶ 35.) Kidd's responsibilities on the General Motors account involved working on "trouble tickets," (Id. at ¶ 40.) Michael Troc, also assigned to the General Motors account, observed that Kidd focused only on her given assignment, whether given two things to do or twenty, and did not volunteer for any additional work or responsibilities, (Id. at ¶ 46.)

Supervisors noticed a demonstrable change in Kidd's attitude when she returned to Ameritech. (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp. ¶ 45.) Ramirez frequently noticed that Kidd was away from her desk or absent from work altogether. (Id. at ¶ 49.) In addition, Ramirez observed that when Kidd was at her desk, she spent a great deal of time on the telephone, (Id. at ¶ 50.) Kidd's job responsibilities did not require that she spend a great deal of time on the telephone. (Id.) Further, Dammer believed that Kidd did not act professionally in the office, spending too much time away from her desk, socializing, and taking extended breaks and lunches, (Id. at ¶ 56.)

Dammer complained to ProStaff about Kidd's excessive absenteeism, tardies, extended lunch breaks, and poor performance. Dammer asked ProStaff to counsel Kidd. (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp. ¶¶ 53, 57) ProStaff later reported to Dammer and Ramirez that it had counseled Kidd, (Id. at ¶ 54.) Kidd's attendance and performance problems, however, [ Page 4]

continued. (Id. at ¶ 55.) On January 11, 2001, Dammer called ProStaff to report a conversation she overheard between Plaintiff and two other workers in which they stated that they refused to redo any work that they had already completed. (Id. at ¶ 79.)

Ramirez believed that Kidd's frequent absenteeism affected the timeliness of Custom Billing's deliverables and put the department in danger of monetary penalties. (Id. at ¶ 131.) On at least one occasion, Dammer stayed late because Kidd was absent from work and had not completed her assignments. (Id. at ¶ 132.)

In October 2000, Dammer met individually with the Billing Support Specialists for feedback sessions. (R. 44-1, Pl's 56.1(b)(3)(A) Resp. ¶ 73.) Kidd expressed an interest in permanent employment, but Dammer told her that a hiring freeze prevented Custom Billing from hiring Billing Support Specialists as permanent employees, (Id. at ¶¶ 19, 74.) Kidd further claims that Dammer informed her that once the hiring freeze ended, she was in line for a permanent position, (R. 54-1, Def.'s 56.1(b)(3)(A) Reply at ¶ 35.)

III. Ameritech Hires Permanent Employees

A. January 2001 Hirings

In January 2001, Ramirez received approval to hire four permanent employees. (R. 44-1, Pl.'s 56.1(b)(3)(A) Resp. ¶ 76.) Unsure of when she would receive this approval again, Ramirez wanted to hire the strongest performers first. (Id. at ¶¶ 76, 77.) Generally, Dammer and Ramirez thought the temporary employees serving as Team Leads had ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.