ROVNER, Circuit Judge.
In January 2006, Bernadine Matthews submitted an application to Waukesha
Because this is an appeal from a grant of summary judgment in favor of the defendants, we will consider the facts in the light most favorable to Matthews, resolving all evidentiary conflicts in her favor and according her the benefit of all reasonable inferences that may be drawn from the record. O'Leary v. Accretive Health, Inc., 657 F.3d 625, 630 (7th Cir.2011). Except where indicated, the following facts are undisputed and largely are culled directly from the's Response to' Proposed Statement of Undisputed Facts. Those undisputed facts reveal that summary judgment was appropriate.
Included in the job description for the position of Specialist at Waukesha County is that the person must work with and evaluate specific public and economic assistance programs including FoodShare, Medical Assistance, Child Care, Child Support, and W-2. The Specialist at Waukesha County is responsible for conducting eligibility determinations as to public and economic assistance programs and working with individuals and families with minor children to evaluate, calculate and determine eligibility for such programs. The new employee would be under the supervision of Economic Support Supervisor Luann Page and therefore Page was the one responsible for coordinating the hiring process and ultimately making the decision as to whom to hire. The position was posted and advertised by Human Resources Assistant Debbie Rapp, who was responsible for seasonal job openings and entry-level positions which included the Specialist position. Rapp engaged in the initial screening of the applications to determine if the applicants possessed the minimum qualifications of the position. The advertisement for the Specialist position affirmatively requested no resumes, but a resume was required for application for the Supervisor position.
Matthews submitted an application for the Specialist position, and submitted a resume as well because she also sought to be considered for an open Supervisor position. The cover letter and resume submitted for the Supervisor position would have been forwarded to Senior Human Resources Analyst Renee Gage and would not have been seen by Rapp, who handled only the applications for the Specialist position. Matthews also voluntarily chose to complete a separate, optional, Affirmative Action Program form, which disclosed her race as African-American. Pursuant to her duties, Rapp examined Matthews' application when it was submitted, and determined that it did not reflect the minimum qualifications. Accordingly, she wrote "No T & E," signifying that the application lacked evidence of the required training and experience, and a rejection letter was sent informing Matthews of that determination. The letter informed Matthews that she could contact Rapp if she had additional information to bring to Rapp's attention. Matthews then contacted Waukesha County and spoke with Rapp inquiring as to why she did not qualify for the Specialist position. In the course of that conversation, Matthews provided additional information and explanation about
The parties do not agree as to what happened next. Matthews contends that her application was never forwarded to Page for consideration, but also argues in the alternative that even if it was forwarded, the delay caused her application to be essentially disregarded. The defendants, however, assert that after Rapp consulted with Gage, it was determined that the application met the requirements and the application was forwarded to Page. Page testified in her deposition that she received a call informing her that the application was being forwarded and that she remembered receiving the application because she had already scheduled some interviews and thought that she might have to schedule another one. Moreover, Gage testified that she instructed Rapp to forward the application to Page. Matthews has submitted no evidence refuting that testimony. She asserts that Rapp informed her the position had already been filled, but even if we credit that statement for the purposes of this summary judgment motion, it does not create a material issue of fact. Matthews has identified nothing that creates a dispute as to Gage's testimony that she instructed Rapp to forward the application to Page and Page's testimony that she received the application, reviewed it, and categorized it based on the information contained in it. Moreover, Matthews acknowledges that when she called Rapp concerning her rejection, Rapp discussed with Gage whether her application met the requirements, which contradicts an understanding that the position was filled. Although Matthews is entitled to the benefit of reasonable inferences, that does not extend to inferences that are supported only by speculation or conjecture. Singer v. Raemisch, 593 F.3d 529, 533 (7th Cir. 2010). "Thus, we have explained that the nonmoving party `must do more than raise some metaphysical doubt as to the material facts; [she] must come forward with specific facts showing that there is a genuine issue for trial.'" Argyropoulos v. City of Alton, 539 F.3d 724, 732 (7th Cir.2008), quoting Keri v. Bd. of Trs. of Purdue Univ., 458 F.3d 620, 628 (7th Cir.2006). The district court accordingly did not err in determining that there was no dispute of fact as to the issue of whether Matthews' application was forwarded to Page.
The applications sent to Page did not include the Affirmative Action Program form, and none of those involved in the hiring process for that Specialist position had any information as to the applicant's race. It is undisputed that Page did not know the race of the applicants when she evaluated the applications, and that the interview selection process and ultimate hiring decision were based upon finding the most qualified individual for the position. Rapp did not participate in the grouping of applications, the decision as to whom to interview, or the decision as to whom to hire. Of the 42 African-American applicants (excluding Matthews), Rapp determined that 34 met the minimum qualifications and forwarded their applications to Page.
Upon receiving the applications that met the minimum training and experience requirements, Page sorted the applications into four categories based upon how extensive and recent each applicant's experience was and how relevant that experience was to the position. Category 1 included those who had recent work experience (lasting 1-2 years in the 2 years prior to application) in determining eligibility for FoodShare, Medical Assistance, and Child Care. Category 2 encompassed those who had experience in the W2 program, Child Support, and Child Care programs. In Group 3, Page placed those who had recent experience
Matthews' application reflected experience working 20 hours per week as a gate agent for Midwest Connect Airlines from June 2003 to the present, full-time as a commercial service representative for Wisconsin Gas Company from September 1980 until April 1999, and 20 hours per week as a pretrial services representative from August 2001 until December 2001. The duties attributed to her position at Wisconsin Gas included negotiating payment plans, assisting low income families, and verifying income. Although Matthews had experience working with the public, she did not have experience with the particular programs such as FoodShare, Medical Assistance, Child Care, W-2, or Child Support as required for Groups 1 and 2, or experience working with clients in a county agency or community social setting as reflected in Group 3. Based upon that experience, Page placed her in Group 4.
Because Group 1 had the most directly relevant experience, Page chose to interview applicants in Group 1 initially, and to proceed to interviews with Group 2 applicants only if a suitable candidate was not found in Group 1. In addition, "courtesy interviews" were provided to three internal Waukesha County candidates without regard to their experience. A job offer was extended to Julie Vetter, who is white and who was a candidate in Group 1 and not one of the courtesy interviews. Vetter was hired based upon her approximately 7 years of recent and relevant work experience in California, first at San Joaquin County Human Services Agency and then at Calaveras Calworks and Human Service Agency, where she determined eligibility for comparable public assistance programs in California. Page therefore never proceeded to interviews for applicants in Groups 2-4.
A few months later, in April 2006, a second Specialist position became vacant. Because of the close temporal proximity to the earlier process, Waukesha County chose to use the pool of applicants from the January opening. Patricia McElroy-Komppa ("Komppa") was the Supervisor for the newly vacant position, and she received and reviewed those applications to determine interviews. In determining whom to interview, Komppa looked for individuals who had previous experience in determining eligibility for public assistance programs, and focused on experience rather than education. She interviewed some applicants from Groups 2 and 3, and ultimately hired Princella Turner, an African-American, because she believed that Turner was the most qualified for the position. Neither Matthews nor anyone else in Group 4 received an interview for that April 2006 opening.
Matthews alleges that the hiring process was discriminatory on the basis of race. The district court granted the defendants' motion for summary judgment, and Matthews appeals that determination as well as the district court's decision to strike certain evidence.
We turn initially to the challenge to the district court's decision to strike evidence. The district court below faced numerous evidentiary challenges preceding its summary judgment determination, and discussed those challenges at some length in an attempt to parse out the acceptable from the objectionable. For instance, the defendants sought to include evidence of Matthews' 24-year litigation history aimed largely at her prior employer Wisconsin Gas, including at least 4 race discrimination complaints, 7 disability/handicap discrimination
The district court addressed in a similar manner the defendants' myriad challenges to exhibits submitted by Matthews which fell within the following categories: (1) newspaper articles; (2) EEOC filings; (3) DOJ filings; (4) applications; (5) interview notes; (6) depositions summaries; and (7) County policies. Matthews challenges on appeal only the district court's decision to exclude consideration of the newspaper clippings. Matthews asserts on appeal that the newspaper, the County Beat, is published by Waukesha County, and therefore is an admission by a party opponent. Matthews then concludes that the newspaper is not therefore hearsay. This argument spans a mere three sentences. Matthews never identifies what in the newspaper she seeks to admit, nor does she provide any legal authority for the proposition that anything printed in a county newspaper should be considered an admission by the county in a subsequent lawsuit. It is not the province of the appellate court to search the record in order to discover the factual underpinnings of an argument, and we will not consider arguments that are not supported by relevant law. See Nelson v. Napolitano, 657 F.3d 586, 590 (7th Cir.2011) ("Neither the district court nor this court are obliged to research and construct legal arguments for parties, especially when they are represented by counsel.") This argument is waived. Id.
We turn then to the merits of the summary judgment determination. Matthews argues that the district court improperly granted summary judgment to Waukesha County (the "County") on her claim under Title VII because she established a claim of race discrimination under both the direct and indirect methods. See generally Andrews v. CBOCS West, Inc., 743 F.3d 230, 234-35 (7th Cir.2014) (setting forth the direct and indirect methods of establishing discrimination under Title VII). Matthews argues that the County discriminated against her in failing to hire her for the position and also in eliminating her from consideration based on her race. We will consider these theories in turn.
First, Matthews argues under the indirect method of establishing a claim that she established a prima facie case by demonstrating that: (1) she is African-American; (2) she applied for and was qualified for the position; (3) she was rejected for that position; and (4) the employer filled that position with a person not in her protected class. We can assume for the purpose of this opinion that the prima facie burden was met, but that of course does not end the inquiry. The burden simply shifts at that point to the County to articulate a legitimate, nondiscriminatory reason for its actions, and it has done so here. Adams v. City of Indianapolis, 742 F.3d 720, 735 (7th Cir.2014). The undisputed evidence in the record demonstrates that the applicants were separated into four groups based on the type of job experience they possessed, with Group 1 comprising individuals with job experience that
That shifts the burden back to Matthews to present evidence that the stated reason was pretext for discrimination. Id. She has failed to present evidence establishing a genuine issue of fact as to pretext. Matthews does not even argue that those categories are not directly related to the job duties for the open position, or that the grouping was itself pretextual. In fact, in her response to the defendants' statement of undisputed facts Matthews acknowledged that none of those involved in the hiring process for that Specialist position — including Page — knew the race of the applicants when evaluating and grouping the applications, that the interview selection process and ultimate hiring decision were based upon finding the most qualified individual for the position, and that the four categories were based upon how extensive and recent each applicant's experience was and how relevant that experience was to the position. Those undisputed facts dictate that the nondiscriminatory reason was not pretextual. Matthews' arguments to the contrary rely on unsupported — and at times farcical — speculation. For instance, Matthews sets forth the testimony from Page that when she saw that Matthews' application had been forwarded her first thought as she opened the envelope was that she might need to schedule another interview. Matthews then concludes "[t]his proves that Page thought Matthews should have been placed in Group 1." Appellant Brief at 25. That is not a reasonable inference from the statement. Similarly, Matthews argues that Page could tell the race of applicants based on their names and therefore out of pure racial animus Page placed Matthews in Group 4. Id. The "facts" identified to support that proposition do not even marginally support it. Page testified that she did not know the race of any of the applicants before grouping them, and Matthews agreed that fact was undisputed. In her deposition, Page was also asked if there are any names that she associated more with African-Americans than non-African-Americans and she merely responded: "possibly." When then asked specifically about particular names, she stated that she did not necessarily associate any of those individual names more with African-Americans. She subsequently was asked whether she would associate Princella with somebody who was African-American (Princella Turner was hired for the April 2006 position) and she again said "not necessarily," then volunteering that the name "sounded southern." From that colloquy, Matthews argues that "[a] jury could conclude that `sounding Southern' meant that Page felt Turner would fit the stereotype of the overly-accommodating African-American from the American South. From that, a jury could conclude that she knew the race of several candidates. Her claims to be ignorant of the races of the candidates are therefore simply false." That argument is unfounded, and is emblematic of the types of inferences that Matthews repeatedly asks us to draw throughout her briefs to this court. Those flights of fancy are precisely the type of speculation and conjecture that we have repeatedly deemed insufficient to avoid summary judgment. Singer, 593 F.3d at 533; Argyropoulos, 539 F.3d at 732; Keri, 458 F.3d at 628. Matthews admitted as undisputed that Page did not know the race of the applicants and that is dispositive here.
She nevertheless maintains that even if that line of argument proves faulty, she can establish discrimination under the indirect method on the related
The second assertion by Matthews is that even if her application was forwarded to Page, it nevertheless was not fairly considered because the initial rejection adversely impacted it. Matthews contends that Page was impacted by her knowledge that the application was initially deemed to lack the requisite training and experience, and that the delay in receiving the application caused Page to assign it to Group 4 without consideration. There is no factual support for this argument. The undisputed evidence was that applications were received by Page over time rather than in one batch. Page testified that when she received Matthews' application she was prepared to schedule Matthews for an interview if warranted, that she reviewed the application, and that based on the experience listed therein she assigned Matthews to Group 4. There is no evidence other than rank speculation that Page refused to consider the application or that her examination of it was adversely impacted by the timing of its submission to her. Therefore, Matthews has failed to raise a genuine issue of fact as to this claim.
Matthews' nonetheless argues that she should succeed under a "cat's paw" theory that attributes Rapp's improper motives to Page. "In the law of employment discrimination, the `cat's paw' theory can apply when a biased subordinate who lacks decision-making power uses the formal decision-maker `as a dupe in a deliberate scheme to trigger a discriminatory employment action.'" Smith v. Bray, 681 F.3d 888, 897 n. 3 (7th Cir.2012), citing EEOC v. BCI Coca-Cola Bottling Co. Of Los Angeles, 450 F.3d 476, 484 (10th Cir.2006); Staub v. Proctor Hospital, ___ U.S. ___, 131 S.Ct. 1186, 1192-93, 179 L.Ed.2d 144 (2011). Liability under that theory can be imposed where a non-decision-making employee with discriminatory animus provided factual information or input that may have affected the adverse employment action. Smith, 681 F.3d at 897. Here, Matthews asserts that Rapp possessed such a discriminatory animus as indicated by her false statement that the position had been filled, and also by her action in forwarding applications from white employees who lacked minimal qualifications. Matthews contends that Rapp provided input that caused Page to place Matthews in Group 4 and thus fail to consider her application. Once again, this argument lacks support in the record. Setting aside whether there is any evidence whatsoever of discriminatory animus by Rapp, this argument fails because there are no facts indicating that Rapp provided any input to Page concerning Matthews' application, nor is there any evidence that the slight delay in forwarding the application to Page had any impact on the decision at all. There is no support for a cat's paw theory here.
Finally, Matthews argues nonetheless that statistical evidence provides evidence of intentional racial discrimination by revealing a pattern and practice of discriminating against African-Americans. There are numerous problems with this approach. As an individual rather than a class action, we have held that evidence of a pattern or practice can only be collateral to evidence of specific discrimination against the plaintiff herself, Gilty v. Village of Oak Park, 919 F.2d 1247, 1252 (7th Cir.1990), and Matthews lacks such evidence. Moreover, to proceed with such a claim, Matthews would need to present evidence indicating that racial discrimination was the employer's standard operating procedure — the regular rather than unusual practice. International Broth. Of Teamsters v. United States, 431 U.S. 324,
Matthews' claim against Rapp under 42 U.S.C. § 1983 is based upon the same facts as the Title VII claims, and fails for the same reasons. Accordingly, the decision of the district court is AFFIRMED.