Silverman v. Board of Educ. of City of Chicago
2011 U.S. App. LEXIS 5661
| 7th Cir. | 2011Background
- Silverman, pregnant, was a probationary special education teacher at Lincoln Park High School with annual contract renewal.
- Board eliminated one special education position in spring 2005 and chose Silverman for non-renewal; later offered her a new autism-position at the same school.
- Board did not renew Silverman's Lincoln Park contract again in summer 2006.
- EEOC found reasonable cause to believe the Board discriminated and retaliated; Silverman then sued in the Northern District of Illinois.
- District court granted summary judgment for the Board; the Seventh Circuit reviews de novo and addresses the EEOC determination and the merits.
- Court concludes Silverman has not presented sufficient evidence under either direct or indirect theories to defeat summary judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the EEOC determination must govern the outcome | Silverman relies on EEOC finding of discrimination/retaliation | District court may conduct de novo review and weigh evidence | EEOC determination not probative; district court's de novo review proper |
| Pregnancy discrimination direct method | Evidence shows discriminatory intent (comments, timing) | No direct evidence; timing and statements not probative | No triable issue; no direct evidence of discriminatory intent |
| Pregnancy discrimination indirect method | There is a prima facie case and pretext shown by evaluations | Reasons for non-renewal are plausibly non-discriminatory | No pretext; Board's reasons deemed honest and credible |
| Retaliation direct method | Protected activity (EEOC charge) caused adverse actions | No causal link between EEOC charge and actions | No causal connection; actions not retaliatory under direct method |
| Retaliation indirect method | Comparator and timing show retaliation | No similarly situated comparator; reasons not pretextual | No prima facie showing of retaliation; Board's reasons credible |
Key Cases Cited
- Tulloss v. Near North Montessori School, Inc., 776 F.2d 150 (7th Cir. 1985) (district judge has discretion in EEOC reasonable cause determinations; de novo review)
- Lewis v. City of Chicago Police Department, 590 F.3d 427 (7th Cir. 2009) (excludes EEOC findings from evidence where not probative; de novo review)
- Mechnig v. Sears, Roebuck & Co., 864 F.2d 1359 (7th Cir. 1988) (pretext framework for retaliation/ discrimination)