MANION, Circuit Judge.
After the Fulton County Board voted not to raise the salary of the County Treasurer, Victoria Harper, she filed a § 1983 action against the County for sex discrimination. The County moved for summary judgment. After considering Harper's sex discrimination claim under both the direct and indirect methods, the district court concluded that the claim failed as a matter of law, and granted the County's motion for summary judgment. Harper appeals. We affirm.
Victoria Harper has served as County Treasurer for Fulton County, Illinois, since 1994. The County Treasurer is elected and serves a four-year term. See Ill. Const. art. VII, § 4(c); 55 ILCS 5/3-10001.
In the years leading up to 2010, however, disputes arose between Harper and the members of the Finance Committee and the Board. These disputes seem to have prompted the Finance Committee to recommend against increasing the County Treasurer's salary for her term in office commencing in December 2010.
Harper believed that the decision to deny her pay raises while awarding pay raises to Nelson was the result of sex discrimination on the part of a critical mass of the male members of the Board. She responded by filing a § 1983 action against the County for sex discrimination in compensation in violation of the Fourteenth Amendment's Equal Protection Clause.
On appeal, Harper contends that the district court erred in concluding that her sex discrimination claim failed as a matter of law. We review the decision to grant a summary judgment motion de novo and construe the evidence in the light most favorable to Harper, the nonmoving party. See Fed.R.Civ.P. 56(a); Serednyj v. Beverly Healthcare, LLC, 656 F.3d 540, 547 (7th Cir.2011). We must determine whether the evidence, so construed, establishes genuine disputes of material fact with respect to Harper's sex discrimination claim. Id. And because Harper contends that she can establish sex discrimination
"Under the `direct method,' the plaintiff may avoid summary judgment by presenting sufficient evidence, either direct or circumstantial, that the employer's discriminatory animus motivated an adverse employment action." Coleman v. Donahoe, 667 F.3d 835, 845 (7th Cir.2012). "Direct evidence is evidence that would prove discriminatory intent without reliance on inference or presumption." Makowski v. SmithAmundsen LLC, 662 F.3d 818, 824 (7th Cir.2011). Such evidence essentially "`requires an admission by the decision-maker that [the decision-maker's] actions were based upon the prohibited animus.'" Serednyj, 656 F.3d at 548 (quoting Rhodes v. Ill. Dep't of Transp., 359 F.3d 498, 504 (7th Cir.2004)). Should the plaintiff lack direct evidence, she may also point to circumstantial evidence that allows a jury to infer intentional discrimination by the decision-maker. Makowski, 662 F.3d at 824.
Harper points to the testimony of two other County employees in an attempt to establish her sex discrimination claim under the direct method. First, Sandra Monari, a Board member from 1998-2010 and the Chairman from 2000-2004, testified by declaration (made under penalty of perjury pursuant to 28 U.S.C. § 1746) that, in 2004, Ed Ketchum, a male Board member, dispensed with the traditional approach to electing the Chairman and secured the position for himself through a floor nomination at a special meeting during "extremely severe weather conditions."
Second, Mary Hampton, the County's Circuit Clerk since 1988, testified by deposition that whenever the County Clerk's salary was set higher than her salary, she would have to make a presentation to the Board in order to have her salary raised to the County Clerk's level. Hampton testified that male officers were not required to similarly justify their pay raises to the Board. However, she admitted that she had no "personal knowledge of whether the other elected officials appeared
None of this testimony is direct evidence that the Board (or members thereof) denied Harper pay raises because of her sex. Thus, the question is whether this testimony is strong enough circumstantial evidence to allow a jury to infer intentional discrimination by the Board — or, at least, a critical mass of the Board's members. We conclude that this testimony falls far short of that standard.
Monari's testimony includes nothing to suggest that the power struggle resulting in her ouster from the Chairmanship had anything to do with her sex. To conclude that it did would be raw speculation. Similarly, Monari fails to link Ketchum, Hall, and Manock's complaints about Harper's performance to her sex.
All that remains is Monari's testimony that Ketchum and "other male members" of the Board asked Abudusky to resign but did not ask Manock to resign, along with Hampton's deposition testimony that Hall spoke more aggressively to her and Harper than to men. In some circumstances, "behavior toward or comments directed at other employees in the protected group" can be one kind of circumstantial evidence indicating discrimination. Good v. Univ. of Chi. Med. Ctr., 673 F.3d 670, 675 (7th Cir.2012) (quoting Darchak v. City of Chi. Bd. of Educ., 580 F.3d 622, 631 (7th Cir.2009)). But Harper offers no evidence that these "other male members" (whom she fails to identify) were still on the Board in 2010 or, if so, voted to deny her pay raises. See id. at 676 ("The direct method of proof ... requires evidence leading directly to the conclusion that an employer was illegally motivated, without reliance on speculation."). Similarly, even supposing this evidence were enough to establish that Ketchum and Hall held biases against women, Harper has failed to link those alleged biases to the decision to deny Harper pay raises. Adams v. Wal-Mart Stores, Inc., 324 F.3d 935, 939 (7th Cir.2003) ("`[B]igotry, per se, is not actionable. It is actionable only if it results in injury to a plaintiff; there must be a real link between the bigotry and an adverse employment action.'" (quoting Gorence v. Eagle Food Ctrs., Inc., 242 F.3d 759, 762 (7th Cir.2001))). This is especially so given that neither Ketchum nor Hall were on the Finance Committee when the recommendation was made.
In other words, the testimony does not lead "directly to the conclusion that" the Finance Committee's recommendation and the Board's vote to adopt that recommendation were based on Harper's sex. Good,
Under the indirect method, also known as the McDonnell Douglas burden-shifting approach, Harper "must establish a prima facie case of sex discrimination by producing competent evidence that (1) she is a woman, (2) she suffered an adverse employment action, (3) she was meeting [the County's] legitimate business expectations, and (4) a similarly situated man was treated more favorably." Weber v. Univs. Research Ass'n, Inc., 621 F.3d 589, 593 (7th Cir.2010). If she does so, the burden shifts to the County to articulate a legitimate, nondiscriminatory justification for denying Harper pay raises. Id. Once the County offers such a justification, the burden shifts back to Harper to show that the justification is simply a pretext and that her sex was the real reason she did not receive pay raises. Id.
Here the parties focus on whether the County's justifications for denying Harper pay raises are pretextual.
Harper has utterly failed to come forward with evidence tending to prove that the County's numerous justifications for denying her pay raises are pretexts masking sex discrimination
Harper's only attempt to show pretext relates to the lawsuit she filed against the County in resistance to the Board's resolution directing that the County Administrator be given "read only" access to the County Treasurer's reports. Specifically, because County Counsel represented the County, the state court appointed a special attorney to represent Harper, but who was to be paid by the County (pursuant to Illinois law). However, the Board resisted the efforts of Harper's attorney to collect his fee for about one and one-half years. Harper contends that the Board's reluctance to pay her attorney's fee interfered with his ability to attempt to negotiate and reach a settlement, which shows that the Board was not genuinely interested in ensuring that the County Administrator obtained access to the County Treasurer's reports.
Harper also complains that the Board treated Nelson, a male, better than her by giving him pay raises. But the County explains that the Board adopted the Finance Committee's recommendation to give Nelson (the County Clerk) pay raises for the term commencing in December 2010 because of his particularly excellent work performance. The County points to
Finally, Harper points out that much of the County's evidence regarding its justifications for denying her pay raises (while giving them to Nelson) comes from the testimony of individual Finance Committee members and other Board members. Harper contends that this evidence is irrelevant because it does not necessarily reflect the views of all ten Board members who voted to deny her pay raises. Of course, any rule that only evidence reflecting the views of all of these ten Board members is relevant would not bode well for Harper's theory that only some of those Board members (a critical mass) were motivated by biases against women. In fact, the testimony of the individual Board members regarding why they voted to deny Harper pay raises is certainly relevant to whether that decision was the product of sex discrimination. Similarly, because the Board merely voted to adopt the Finance Committee's recommendation to deny Harper pay raises, the Finance Committee members' reasons for making that recommendation shed light on the Board's ultimate decision to adopt that recommendation.
Moreover, at the May 11, 2010, meeting, the Board adopted three resolutions concerning the content and timeliness of the Treasurer's reports. Harper concedes that these resolutions demonstrate that the Board was concerned about the content and timeliness of her reports when it voted to deny her pay raises. But, as explained above, Harper has failed to show that the Board's concerns about the content and timeliness of her reports were merely excuses covering sex discrimination. Thus, even if we were to confine our review of the Board's justifications to its concerns about the content and timeliness of Harper's reports, Harper cannot establish pretext.
Because, as a matter of law, Harper cannot establish sex discrimination under either the direct or indirect method, we AFFIRM the judgment of the district court.