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Rizvi v. Chase

May 19, 2009

SHAREEN RIZVI, PLAINTIFF,
v.
JP MORGAN CHASE, DEFENDANT.



The opinion of the court was delivered by: Elaine E. Bucklo United States District Judge

MEMORANDUM OPINION AND ORDER

Plaintiff Shareen Rizvi ("Rizvi") alleges discrimination based on national origin (count I) and religion (count II) in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., as well as discrimination based on age in violation of the Age Discrimination in Employment Act of 1967 ("ADEA"), 29 U.S.C. § 621 et seq. The complaint sets forth hostile work environment, constructive discharge, and disparate treatment claims. Defendant JPMorgan Chase Bank, N.A. ("JPMC") has moved for summary judgment on all counts. For the following reasons, the motion is granted.

I.

Rizvi is a Pakistani Muslim, who was born on July 18, 1960. Rizvi began working for JPMC on September 3, 2003*fn1 as a senior security analyst. When JPMC acquired Zurich assets, Rizvi was being paid $49,050.00 annually. In or around February 2004, her title changed to Distributed Computing Analyst II. JPMC increased her pay to $51,500.00 in April 2004.*fn2 Rizvi received a pay increase in February 2005 to $53,560.00. Rizvi's last day at JPMC was January 6, 2006.

Rizvi attests that she "was always told [she] was doing a good job and received salary increases." Specifically, Rizvi attests that, at the beginning of 2003, when she reported to someone at Zurich, she received a raise to $49,050.00 after her 2002 review; and, at the end of 2003, Anne Hewitt ("Hewitt"), her director at Bank One, gave her a raise to $51,500.00 after her 2003 review. Rizvi attests that Hewitt asked her what she wanted to do next, and Rizvi said she was interested in being given the opportunity to work in the Engineering Department.

Rizvi attests that Hewitt sent her to Jeff Link ("Link"). Link is an Infrastructure Senior Manager in the Information Technology ("IT") Department in charge of supervising the Open Systems Analyst II at JPMC's Elk Grove Village Regional Data Center ("RDC"). Rizvi attests that Link interviewed her at the RDC.

Rizvi attests that, after asking about her certification and training, Link raised the issue of salary and told her she would get what other people were getting. Link later told Rizvi that she would be working downtown on the night shift rather than at RDC, and she accepted the position.

Shortly after JPMC's acquisition of Zurich assets, Rizvi began working in JPMC's Infrastructure and Operations ("I&O") Group in downtown Chicago. Kevin Onorato ("Onorato") was Rizvi's manager. She worked the midnight to noon ("A.M.") shift.*fn3 Working at the Chicago facility required Rizvi to commute two hours from her home such that she was away from home from 10:30 p.m. to 2:00 p.m., resulting in her daughter staying out late. She reported this to Onorato, who moved her to the P.M. shift,*fn4 which is from noon to midnight. Onorato spoke to Link about transferring Rizvi to the RDC, which is only fifteen minutes from her home. Onorato told Rizvi he could not promise the P.M. shift at the RDC.

Rizvi attests that "[l]ater [she] inquired again about [her] salary." She attests that she had been advised that employees working a twelve-hour day "were entitled to a shift differential increasing their salary over employees who did not work 12 hours." Rizvi attests that she asked Onorato what her salary would be, he said that he was not sure and he would talk to "HR." Rizvi attests that she then moved to the RDC. She further attests that she never brought up the issue of pay adjustment after her "departmental change of responsibilities[.]"

On or about May 1, 2004, Rizvi transferred from the downtown location to the RDC. Jeff Lang ("Lang") is an Infrastructure Manager in the IT Department. Lang was Rizvi's supervisor at the RDC. The transfer was an accomodation so Rizvi could be closer to home. Upon being transferred to the RDC, Link told Rizvi there were no P.M. shifts available so she would have to work the A.M. shift. Rizvi was able to leave home at 11:30 p.m. to get to work on time for the A.M. shift. Rizvi was able to get home more quickly - in about twenty to twenty-five minutes - after her shift and to use her lunch break to go home to check on her daughter. None of her managers ever had a problem with her going home on her lunch break, and no one complained about it.

Between July and November 2004, Rizvi had a conversation with Link requesting the P.M. shift. According to Rizvi, Link did not think he would fill a recently vacated P.M. shift position, and Rizvi did not observe anyone fill that position. According to Rizvi, a second P.M. shift position was vacated, but Link filled it with contractors - not a JPMC employee. On December 6, 2004, Rizvi e-mailed Link requesting to be moved to the day shift so she could better monitor her daughter. On January 21, 2005, Rizvi e-mailed Link again requesting a transfer to the day shift. In February 2005, Patricia Woodley ("Woodley"), Bill Watling ("Watling"), Jim Kinkade ("Kinkade"), and Tom Ryan ("Ryan") moved to Rizvi's department. Sometime thereafter, Link moved Rizvi to the day shift on a temporary basis.

On June 16, 2005, Rizvi e-mailed Link and copied Lang, acknowledging that the transfer to "days" was temporary, advising that it is not possible for her to work the night shift, and asking what other options he could suggest at the RDC.*fn5 After approximately six weeks on the day shift, Link told Rizvi that she would have to return to the night shift or find another job. The parties also cite a June 20, 2005 e-mail from Link to Rizvi, which states . . . August 15th will be your last day on the current Noon to Midnight shift rotation. This gives you approximately eight weeks to do one of a couple things:

* make the appropriate arrangements for your personal situation that would allow you to work midnight to noon

* apply for and accept another position within the corporation

* consider resigning from the organization Please understand that I do not want you to have to resign from the organization. Let me know if there is anything I can assist you with during your job search. If you have any issues or concerns that still need to be addressed, come talk to me or call me anytime.*fn6

Rizvi testified that she did not have any facts to suggest Link gave her these options*fn7 because of her age, religion, or national origin. Rizvi testified that she asked Link on August 9, 2005*fn8 whether she would be working the night shift the next week as she did not "have any arrangements[,]" and Link said no because he had been "talking to HR[]" and they were "working [something] out." She also testified that as of August 15, 2005,*fn9 she was not taken off the P.M. shift. Rizvi continued working on the P.M. shift until she left JPMC, when she "got sick" and "stopped going to work." She never went back to the A.M. shift.

Ryan, a Distributed Computing Engineer in the IT Department, was Rizvi's team lead at the RDC from sometime in 2005*fn10 to January 6, 2006. As team lead, Ryan managed Rizvi and provided her with work assignments. Rizvi provided her team lead with the status of all of her projects. Rizvi claims that Ryan micromanaged her, meaning he questioned everything she did like she was a child he was baby-sitting. Rizvi also claims that Ryan did not scrutinize her colleagues' work to the same extent. Ryan never made a comment to Rizvi about her age, religion, or national origin. Rizvi was not aware of any comments made by Ryan regarding her age, religion, or national origin. While at JPMC, no one in a supervisory position ever made a comment to Rizvi about her age, religion, or national origin.

Around the fall or winter of 2005, Morollo Faulkner ("Faulkner") overheard Ryan say that it would be a good Christmas present to get rid of Rizvi. Rizvi was not present. Faulkner did not recall anyone responding to Ryan's comment. After that comment, Faulkner heard Ryan say that it was his personal goal to get rid of Rizvi. Rizvi was not present. Faulkner never saw Ryan mistreat Rizvi or treat her differently than anyone else. Faulkner never heard Ryan make any comments about Rizvi or the quality of her work to anyone in ...


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