910 F.3d 1000
7th Cir.2018Background
- Gloria D. Terry was a 35‑year employee of Gary Community School Corporation and had been Principal of Brunswick Elementary since 2002; Brunswick closed after 2013–2014 due to declining enrollment.
- The District reassigned Terry to Assistant Principal positions (Jefferson, then Marquette) but did not change her salary or benefits; she claimed the reassignment was a demotion.
- The District posted and interviewed candidates for Principal of Marquette; the Interview Committee ranked Terry highest, but the Superintendent recommended—and the Board later approved—Sheldon Cain, who had prior interim/assistant experience at Marquette and had not interviewed or applied formally.
- Terry learned two male principals (Cain and Roberts) earned higher salaries than she did; the District had a preexisting salary freeze that fixed pay for those principal positions at higher amounts.
- Terry filed an EEOC charge alleging sex discrimination (Title VII and § 1983), retaliation (Title VII), and an Equal Pay Act claim; after receiving a right‑to‑sue letter she sued and the magistrate judge granted summary judgment for the District on federal claims. Terry appealed and the Seventh Circuit affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether reassignment from Principal to Assistant Principal was an adverse action under Title VII | Terry: title loss, diminished responsibilities and prestige amounted to a demotion | District: pay/benefits unchanged; reassignment resulted from school closure | Court: even assuming adverse, no evidence of discriminatory motive; summary judgment for District |
| Whether failing to promote Terry to Marquette Principal was sex discrimination | Terry: highest interview ranking, chronology suggests pretext (Board rejected female, superintendent ignored committee, then appointed male who didn’t apply) | District: chose Cain for legitimate, sex‑neutral reason—his Marquette experience | Court: chronology alone insufficient to show pretext; District’s explanation credible; summary judgment for District |
| Whether nonrenewal of Terry’s contract was retaliatory (Title VII) | Terry: temporal proximity to EEOC filing and right‑to‑sue, long good record supports inference of retaliation | District: nonrenewal resulted from districtwide downsizing due to enrollment/financial crisis and state law procedures for nonrenewal timing | Court: timing plus context not enough given legitimate non‑suspicious explanations; summary judgment for District |
| Whether pay disparity violated the Equal Pay Act | Terry: paid less than male principals with equivalent jobs; salary could have been increased but was not | District: pay differences stemmed from preexisting salary schedule/freeze (factor other than sex) | Court: District proved salary freeze/position‑based pay explained disparity; summary judgment for District |
Key Cases Cited
- Barbera v. Pearson Educ., Inc., 906 F.3d 621 (7th Cir.) (standard for reviewing summary judgment in employment discrimination cases)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S.) (burden‑shifting framework for disparate treatment claims)
- Alamo v. Bliss, 864 F.3d 541 (7th Cir.) (examples of materially adverse employment actions)
- Milligan‑Grimstad v. Stanley, 877 F.3d 705 (7th Cir.) (temporal proximity and need for other evidence to infer retaliation)
- Lauderdale v. Ill. Dep’t of Human Servs., 876 F.3d 904 (7th Cir.) (Equal Pay Act prima facie and affirmative defenses)