31 F.4th 583
7th Cir.2022Background
- Paul Palmer, an African American lecturer at Indiana University's Kelley School (hired 2010), also served as Diversity Coach (≈$25,000 stipend, reduced teaching load) but resigned that role effective 2017 when its focus shifted to recruiting.
- In January 2013 Palmer asked Chair Krishnan about early promotion to senior lecturer and was discouraged from applying; Palmer did not apply and was promoted on the regular six-year timeline in August 2016.
- IU hired Josh Gildea (white) in August 2016 as a lecturer and Director of the Business Marketing Academy (BMA), paid substantial stipends ($30,000 annual + $7,500 summer stipends) and teaching overload pay; Gildea received larger raises and taught many overload courses.
- Palmer repeatedly complained about perceived racial bias in July–August 2018 (emails/phone) and again in February 2019, alleging Krishnan’s discouragement and objection to Gildea’s pay/promotion; Palmer filed an EEOC charge on May 15, 2019 and sued on November 19, 2019.
- From 2017–2020 Gildea earned about $171,731 more than Palmer in aggregate—$105,000 attributable to BMA stipends and the remainder to overload classes and higher percentage raises—while Palmer maintained the highest base salary in the department throughout.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure-to-promote (timeliness / equitable tolling) | Krishnan’s 2013 discouragement made early application futile; Palmer only realized discrimination after Gildea’s early-promotion actions, so tolling makes his 2019 EEOC charge timely. | Claim accrued in 2013 when discouraged; EEOC charge (2019) is untimely and equitable tolling is unavailable because Palmer knew or should have known earlier. | Claim is time-barred. Equitable tolling rejected—the record shows Palmer suspected discrimination by Aug 2018, and his EEOC filing was not within a "reasonable time." |
| Unequal pay (comparator / merits) | Gildea is the proper comparator; higher total compensation and larger raises show racial discrimination. | Gildea performed materially different work (BMA Director, extensive overload teaching) and produced demonstrable results; pay differences are explained by legitimate, non-discriminatory factors. | Summary judgment for IU. Gildea is not a proper comparator; pay disparity is explained by different duties, overload teaching, and performance-based raises—no reasonable juror could infer racial discrimination. |
Key Cases Cited
- Nat'l R.R. Passenger Corp. v. Morgan, 536 U.S. 101 (U.S. 2002) (timeliness rule and equitable tolling limits for Title VII claims)
- Beamon v. Marshall & Ilsley Tr. Co., 411 F.3d 854 (7th Cir. 2005) (equitable tolling begins when plaintiff reasonably could suspect a claim)
- Thelen v. Marc’s Big Boy Corp., 64 F.3d 264 (7th Cir. 1995) (‘‘reasonable time’’ to file after discovery is short—days to weeks)
- Vega v. Chicago Park Dist., 954 F.3d 996 (7th Cir. 2020) (summary-judgment review and Title VII evidentiary approach)
- Poullard v. McDonald, 829 F.3d 844 (7th Cir. 2016) (Ledbetter Act pay-reset rule for pay-discrimination claims)
- Ortiz v. Werner Enters., Inc., 834 F.3d 760 (7th Cir. 2016) (Title VII standard: plaintiff must show race caused the pay disparity; assess if "everything else remained the same")
- Igasaki v. Ill. Dep't of Fin. & Pro. Regul., 988 F.3d 948 (7th Cir. 2021) (causation requirement in compensation discrimination)
- Warren v. Solo Cup Co., 516 F.3d 627 (7th Cir. 2008) (comparator must be similar in all material respects)
- Coleman v. Donahoe, 667 F.3d 835 (7th Cir. 2012) (need "enough common factors" for meaningful comparator comparison)
- David v. Bd. of Trs. of Cmty. Coll. Dist. No. 508, 846 F.3d 216 (7th Cir. 2017) (additional duties distinct from plaintiff can defeat equal-pay claim)
- Spencer v. Va. State Univ., 919 F.3d 199 (4th Cir. 2019) (faculty are not interchangeable; broad similarities insufficient for comparator)
- Eaton v. Ind. Dep't of Corr., 657 F.3d 551 (7th Cir. 2011) (differences in performance history or responsibilities can explain pay disparities)