Judges: PerCuriam
Filed: Feb. 18, 2015
Latest Update: Mar. 02, 2020
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 17, 2015* Decided February 18, 2015 Before WILLIAM J. BAUER, Circuit Judge JOHN DANIEL TINDER, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 14-2476 SHARON HOLYFIELD-COOPER, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 13 C 362
Summary: NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1 United States Court of Appeals For the Seventh Circuit Chicago, Illinois 60604 Submitted February 17, 2015* Decided February 18, 2015 Before WILLIAM J. BAUER, Circuit Judge JOHN DANIEL TINDER, Circuit Judge DAVID F. HAMILTON, Circuit Judge No. 14-2476 SHARON HOLYFIELD-COOPER, Appeal from the United States District Plaintiff-Appellant, Court for the Northern District of Illinois, Eastern Division. v. No. 13 C 3625..
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NONPRECEDENTIAL DISPOSITION
To be cited only in accordance with Fed. R. App. P. 32.1
United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
Submitted February 17, 2015*
Decided February 18, 2015
Before
WILLIAM J. BAUER, Circuit Judge
JOHN DANIEL TINDER, Circuit Judge
DAVID F. HAMILTON, Circuit Judge
No. 14‐2476
SHARON HOLYFIELD‐COOPER, Appeal from the United States District
Plaintiff‐Appellant, Court for the Northern District of
Illinois, Eastern Division.
v.
No. 13 C 3625
THE BOARD OF EDUCATION OF THE
CITY OF CHICAGO, Ronald A. Guzmán,
Defendant‐Appellee. Judge.
O R D E R
Sharon Holyfield‐Cooper, a former Chicago public school teacher with hearing
loss, appeals the grant of summary judgment for the Board of Education in this suit
asserting claims under the Americans with Disabilities Act, see 42 U.S.C. § 12112(a). We
affirm.
* After examining the briefs and the record, we have concluded that oral
argument is unnecessary. Thus the appeal is submitted on the briefs and the record.
See FED. R. APP. P. 34(a)(2)(C).
No. 14‐2476 Page 2
Holyfield‐Cooper was hired in August 2008 by Katherine Tobias, the principal at
George Washington Carver Elementary School in Chicago, to become assistant principal.
The two women soon thereafter attended a training session at which the Board’s
nepotism policy was discussed, and Holyfield‐Cooper says that she told Tobias at this
time about her hearing loss. (She wears hearing aids.) Several weeks later Tobias
removed Holyfield‐Cooper from her position after learning that Holyfield‐Cooper had a
cousin who worked at Carver and would be under her supervision, in violation of the
nepotism policy. At that time Holyfield‐Cooper accepted Tobias’s offer to take on
teaching duties.
In December 2008 Holyfield‐Cooper met with Tobias, who raised certain
classroom‐management concerns, including complaints from students that
Holyfield‐Cooper sometimes could not hear them or would even ignore them. Tobias
asked Holyfield‐Cooper not to turn her hearing aids off or down while she was in the
classroom.
During the 2009–10 school year, Holyfield‐Cooper twice violated school policies.
First, Holyfield‐Cooper received a 5‐day suspension when she gave false statements
during an investigation of a report she filed against Assistant Principal Wanda Withers,
whom she accused of hitting a student, and after she left her students unattended in
violation of school policy. In the notice of pre‐discipline hearing, Tobias wrote, among
other things: “Per our conversation last year, you were asked to wear your hearing aid at
all times. Daily observations by administrators, staff members, and students continue to
prove that you refuse to wear your hearing aid and therefore are jeopardizing student’s
safety, education, and your job performance.” Holyfield‐Cooper violated school policy a
second time when she pushed an uncooperative student. After investigating the incident
by interviewing students, Withers reported Holyfield‐Cooper to the Department of
Child and Family Services.
In November 2009 Holyfield‐Cooper filed her first charge with the EEOC, claiming
that she was demoted in 2008 and suspended because Tobias was discriminating against
her on account of her hearing loss.
During the 2010‐2011 school year, Holyfield‐Cooper was suspended for 14 days
for failing to properly supervise students. In one incident Holyfield‐Cooper failed to
intervene when a fight in her classroom broke out and left a student with two black eyes
and a fractured nose. After this suspension (and on Tobias’s recommendation), the
Board warned Holyfield‐Cooper that she was at risk of dismissal if her performance did
not improve.
No. 14‐2476 Page 3
Holyfield‐Cooper filed an amended charge with the EEOC in July 2011, claiming
that administrators were retaliating against her for complaining of discrimination in 2009.
Holyfield‐Cooper resigned at the end of the 2012 school year, after Tobias had
lowered her “efficiency rating” from excellent to unsatisfactory. Tobias justified the
changed mark based on the two suspensions and an incident in October 2011 when
Holyfield‐Cooper failed to apprise the school of an upcoming absence. The lower rating
required Holyfield‐Cooper to engage in a remediation plan, but she instead stopped
coming to work in April and resigned ten days later.
Holyfield‐Cooper then filed her third EEOC charge in January 2013 claiming that
Tobias suspended her the second time and marked her down because of her hearing loss.
Holyfield‐Cooper brought this suit under the ADA in May 2013, asserting that she
was constructively discharged, subjected to both discrimination and retaliation, and
exposed to a hostile work environment—all because of her disability. Holyfield‐Cooper
claimed that Tobias discriminated against her based on her disability when she
(1) transferred her to a teaching position soon after learning about her hearing loss and
(2) did not discipline similarly situated teachers who had classroom management
problems. Holyfield‐Cooper also asserted that she was retaliated against for
complaining of discrimination in 2009 when she was suspended twice, when Tobias
alleged that she was absent without approval and lowered her efficiency rating, and
when the Board failed to provide a remediation plan. Finally Holyfield‐Cooper asserted
that Tobias’s actions created a hostile work environment and constructively forced her to
resign her position.
The district court granted the Board’s motion for summary judgment. Regarding
her claim of discrimination in connection with her August 2008 transfer, the court found
the claim untimely because she did not file her first EEOC charge until November 2009,
more than 300 days later. Holyfield‐Cooper also failed to establish a prima facie case of
discrimination based on her punishment for poor classroom management because she
produced no evidence showing that the teachers whom she identified as receiving better
treatment were similarly situated to her. Holyfield‐Cooper’s retaliation claim failed, the
court continued, because she presented no evidence of a causal connection between her
protected activity and the adverse employment actions. Finally, Holyfield‐Cooper’s
claims of hostile work environment and constructive discharge failed because she
produced no evidence that the actions were motivated by her hearing loss, or that the
alleged harassment was severe or pervasive.
No. 14‐2476 Page 4
Holyfield‐Cooper moved for reconsideration, arguing that the district court did not
consider all of the exhibits that she had attached to her summary judgment motion, and
in particular a student letter that, she says, corroborates her report about Withers hitting
a student. The court had stricken the exhibits from her submissions at summary
judgment because they contained unredacted students’ names. Although the redacted
versions of those same exhibits already were attached to her complaint, the district court
invited Holyfield‐Cooper to file the exhibits a second time within 21 days if she had the
names redacted. Thirteen days later, however, the court granted summary judgment for
the Board. In denying the motion to reconsider, the district court stated tersely that it
had “considered all relevant documents in ruling on the defendant’s motion for
summary judgment.”
On appeal, Holyfield‐Cooper maintains that the district court did not consider the
exhibits that were stricken from her submissions at summary judgment. It is true that the
district court did not elaborate what conclusions it may have drawn from the stricken
documents, but the court already had access to a redacted version of the exhibits and
emphasized that it had considered all relevant documents. Further, even if the judge had
not considered these documents, Holyfield‐Cooper has not shown that she could have
been prejudiced by the judge’s failure to do so.
Holyfield‐Cooper next invokes equitable tolling as a ground to challenge the
determination that the claim based on her job transfer was time‐barred. She maintains
that the 300‐day deadline should be tolled because she did not discover that the transfer
was related to her hearing loss until some unidentified later date. But equitable tolling
does not apply because Holyfield‐Cooper had the information necessary to realize that
any possible claim arose in August 2008, when she was transferred to a teaching position
(and by which time Tobias had already become aware of her hearing loss). See Jones v.
Res‐Care, Inc., 613 F.3d 665, 670 (7th Cir. 2010); Beamon v. Marshall & Ilsley Trust Co., 411
F.3d 854, 860–61 (7th Cir. 2005).
Holyfield‐Cooper disputes the conclusion that she failed to establish a prima facie
case of discrimination by not identifying similarly situated teachers who had been
treated better than she. Holyfield‐Cooper states that Tobias and three veteran teachers
received better treatment when: (1) between 1989 and 2004 Tobias and her sister were
allowed to work at Carver together, which violated the nepotism policy; and (2) the
three teachers had difficulty supervising students and were not reprimanded. But as the
district court rightly concluded, Holyfield‐Cooper presented no evidence to show that
these persons were “directly comparable to [her] in all material respects,” by, for
No. 14‐2476 Page 5
example, demonstrating that they “held the same position, had the same supervisor,
[were] subject to the same standards, and engaged in similar conduct.” Alexander v.
Casino Queen, Inc., 739 F.3d 972, 981 (7th Cir. 2014) (internal quotation marks omitted);
see Cung Hnin v. TOA (USA), LLC, 751 F.3d 499, 504–05 (7th Cir. 2014).
Holyfield‐Cooper next challenges the court’s rejection of her retaliation claim and
points to evidence that Tobias reacted to her EEOC charge by unfairly evaluating her
and failing to give her a remediation plan. But notably, as the district court explained,
Holyfield‐Cooper did not offer evidence that Tobias or the Board retaliated against her
because she complained of discrimination. See Hancock v. Potter, 531 F.3d 474, 479 (7th Cir.
2008). Instead, Holyfield‐Cooper relies only on the timing of her EEOC filing and the
subsequent discipline. But suspicious timing alone is not enough to support a finding of
causation. See Cung Hnin, 751 F.3d at 508; Henry v. Milwaukee County, 539 F.3d 573,
587 & n.11 (7th Cir. 2008).
Finally, Holyfield‐Cooper renews her argument that the disciplinary actions taken
against her created a hostile work environment and constituted a constructive discharge.
Even if we assume that she could bring a hostile work environment claim under the
ADA, see Lloyd v. Swifty Transp., Inc., 552 F.3d 594, 603 (7th Cir. 2009) (declining to decide
whether hostile work environment claim is actionable under the ADA),
Holyfield‐Cooper did not offer evidence that hostility toward her disability motivated
the disciplinary actions taken against her. See Beamon v. Marshall Ilsley Trust Co., 411 F.3d
854, 863–64 (7th Cir. 2005); Kersting v. Wal‐Mart Stores, Inc., 250 F.3d 1109, 1115 (7th Cir.
2001). Nor did she offer evidence that these events (or warnings not to turn off her
hearing aids in the classroom) were sufficiently egregious to support claims of hostile
environment or constructive discharge. See Chapin v. Fort‐Rohr Motors, Inc., 621 F.3d 673,
679 (7th Cir. 2010) (stating that work environment must be unendurable to support a
constructive discharge claim); Bennington v. Caterpillar, Inc., 275 F.3d 654, 660 (7th Cir.
2001) (noting that work environment must be objectively and subjectively hostile and
abusive to support claim of harassment).
AFFIRMED.