106 F.4th 622
7th Cir.2024Background
- Tondalaya Gamble, a Black physician, worked at Cook County Health’s John Stroger Hospital in the OB/GYN department from 2009 to 2020.
- She was hired as a generalist but was also expected to work in the specialized urogynecology clinic; she continued to cover general OB shifts much longer than promised.
- Compensation and conditions for her role were governed by a collective bargaining agreement (CBA) that set salary scales and increases.
- Gamble claimed that similarly situated white physicians, Dr. Bruce Rosenzweig (a part-time urogynecology specialist) and Dr. Karen Fish (a general OB/GYN generalist with surgical expertise), were paid more or treated better.
- Upon resigning, Gamble sued Cook County, as well as two supervisors, alleging race-based employment discrimination under Title VII, § 1981, § 1983, and the Illinois Human Rights Act (IHRA).
- The district court granted summary judgment for the defendants, finding insufficient evidence for a reasonable jury to determine discrimination; Gamble appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Disparate Pay under Title VII/§1981/IHRA | Was paid less than similarly situated white physicians | Comparators not similarly situated or subject to same CBA/pay | No genuine dispute; comparators are not analogous |
| Comparator Selection (Rosenzweig/Fish) | Both worked under similar titles and departments | Rosenzweig was part-time and a specialist; Fish had more experience and a higher grade level | Differences in roles and experience; not comparable |
| Inference of Discrimination from Treatment | Treated less favorably in assignments and conditions | Distinctions due to duties, seniority, and union contract | No evidence supporting inference of discrimination |
| Evidentiary Framework (McDonnell Douglas/Ortiz) | Evidence sufficient under both frameworks | No material fact dispute; no totality-of-circumstances support | Evidence insufficient under either approach |
Key Cases Cited
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) (establishing burden-shifting framework for discrimination)
- Ortiz v. Werner Enters., Inc., 834 F.3d 760 (7th Cir. 2016) (all discrimination evidence evaluated as a whole)
- Dandy v. United Parcel Serv., Inc., 388 F.3d 263 (7th Cir. 2004) (prima facie requirements for disparate pay claims)
- Ajayi v. Aramark Bus. Servs., Inc., 336 F.3d 520 (7th Cir. 2003) (factors for determining similarly situated employees)
- Ilhardt v. Sara Lee Corp., 118 F.3d 1151 (7th Cir. 1997) (discussing comparison of part-time and full-time employees)