Groesch v. City of Springfield, Ill.
2011 U.S. App. LEXIS 6276
| 7th Cir. | 2011Background
- Three white Springfield police officers resigned and later rehired as entry-level with no prior service credit, under the department's reemployment rules.
- Plaintiffs alleged race discrimination in pay and seniority credit compared to Officer Schluter, the African-American officer who received a Schluter Ordinance credit.
- The Schluter Ordinance retroactively granted Schluter seniority credit, and Illinois courts initially invalidated then reinstated it; plaintiffs were denied equal treatment.
- District court applied pre-Ledbetter pay discrimination timeliness (paycheck accrual rule) and held claims untimely or barred by res judicata for pre-2003 conduct.
- Ledbetter decision (2007) rejected paycheck accrual; Lilly Ledbetter Fair Pay Act (2009) enacted to restore timeliness by paycheck-by-paycheck accrual going forward, retroactive to pending claims.
- On appeal, Seventh Circuit held Ledbetter Act applies to Title VII and extends to §1983 equal protection claims, reversing in part but barring pre-November 10, 2003 state-court judgments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| retroactive Ledbetter Act and Title VII timeliness | Ledbetter Act retroactively resets timeliness for Title VII claims. | Ledbetter Act does not revive pre-2003 unwitting claims or override res judicata. | Ledbetter Act retroactively permits timely Title VII claims post-2007. |
| Ledbetter Act and §1983 equal protection timeliness | Act applies to §1983 pay-discrimination claims as well as Title VII. | Act applies only to Title VII and related statutes, not §1983. | Paycheck accrual rule applies to §1983 equal protection claims. |
| Preclusive effect of state court judgment post-Ledbetter | Post-Ledbetter, new paycheck-based actions should overcome res judicata. | State court judgment remains a bar for pre-2003 claims. | Post-Ledbetter, plaintiffs may pursue post-2003 discrimination claims; pre-2003 claims barred by res judicata. |
Key Cases Cited
- Bazemore v. Friday, 478 U.S. 385 (1986) (initial paycheck accrual rule for pay discrimination claims)
- Morgan v. Nat'l Railroad Passenger Corp., 536 U.S. 101 (2002) (discrete discriminatory acts are actionable within time limits; Morgan refined 'discrete acts' timing)
- Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (2007) (rejected paycheck accrual rule; timing issues for pay discrimination)
- Hildebrandt v. Illinois Dept. of Natural Resources, 347 F.3d 1014 (7th Cir. 2003) (extended paycheck accrual concept within Title VII context)
- Reese v. Ice Cream Specialties, Inc., 347 F.3d 1007 (7th Cir. 2003) (continued application of paycheck accrual rule after Morgan)
- Evans v. City of Chicago, Not in this list (Not provided) (cited as related to §1983 timing principles (discussed in context))