RIPPLE, Circuit Judge.
Ratna Bagwe, who was born in India and is of Indian descent, brought this action in the United States District Court for the Northern District of Illinois against Sedgwick Claims Management Services, Inc. ("Sedgwick") and her former supervisors, Tammy LeClaire
Because the district court entered summary judgment for the defendants, we must view the facts in the light most favorable to Ms. Bagwe, the nonmoving party. See, e.g., Gerhartz v. Richert, 779 F.3d 682, 685 (7th Cir.2015).
Sedgwick is a claims management services company headquartered in Memphis, Tennessee. Ms. Bagwe began working in Sedgwick's Chicago office in March 2001. She was promoted to Assistant Manager II in 2005, and received a corresponding pay raise. She was then asked to serve as Interim Operations Manager in 2007. In late 2007, Ms. Bagwe was promoted to Operations Manager III. Ms. LeClaire, a Managing Director at Sedgwick, made the decision to promote Ms. Bagwe. Delaine Simmons, Ms. Bagwe's direct supervisor at the time, counseled Ms. LeClaire against promoting Ms. Bagwe. In Ms. Simmons's view, Ms. Bagwe had demonstrated poor
As Operations Manager III, Ms. Bagwe oversaw short term disability claims for Sedgwick's AT & T account. Ms. Papaioannou, the Area Manager for the AT & T account, was her direct supervisor.
Ms. Bagwe did have some managerial problems as Operations Manager III. In early 2008, one of Ms. Bagwe's subordinates, Tonya Warner, requested that Ms. Papaioannou reassign her to a different supervisor. Ms. Warner claimed that Ms. Bagwe had failed to provide her with important information and was overly confrontational. Ms. Papaioannou and Ms. LeClaire considered the complaints and decided to reassign Ms. Warner so that she reported to Ms. Papaioannou instead of Ms. Bagwe.
Ms. Bagwe was also dissatisfied with her compensation. During an April 2008 conference call with Ms. Papaioannou and Carla Street, a Colleague Resources Manager, Ms. Bagwe expressed general concerns about her pay increases over the three previous years. Ms. Bagwe concedes that she did not mention race, national origin, or discrimination in the course of that conversation. Ms. Papaioannou allegedly warned Ms. Bagwe "that we have to be careful because we don't want to be perceived as a whiner."
Ms. Bagwe submitted a memorandum to Ms. Street a few days later, expressing similar concerns about her compensation. The memorandum was then forwarded to Ms. LeClaire. Like the earlier conference
Ms. LeClaire determined that Ms. Bagwe had received appropriate raises since 2005. In her affidavit, Ms. LeClaire stated that Ms. Simmons had recommended above-budget pay increases for Ms. Bagwe in 2003 and 2004. As a result, Ms. Bagwe's salary already was above the median salary of an Assistant Manager II. In addition, Ms. LeClaire determined that her subsequent pay raises were average for her peer group. Based on these observations, Ms. LeClaire concluded that Sedgwick need not take any further action regarding Ms. Bagwe's salary at that time.
Ms. Bagwe first raised the issue of racial discrimination in a May 2008 conversation with Stephanie Simpson, Regional Colleague Resources Manager. The record does not indicate whether Ms. Simpson actually reported this complaint to Ms. LeClaire or to Ms. Papaioannou, as required by Sedgwick's policies.
In June 2008, Ms. Bagwe took a business trip to Atlanta with Ms. LeClaire and another Sedgwick employee, Anne Coyle. One evening, at the bar of the hotel where they were staying, Ms. LeClaire began discussing her pending divorce with Ms. Bagwe and Ms. Coyle. During this conversation, Ms. LeClaire allegedly told Ms. Bagwe that she should get rid of her "old Indian husband" and get a "white man because white men are more fun."
About six months later, in January 2009, Ms. Bagwe and Ms. Coyle got into a heated exchange at work. Charles French, the AT & T Workers' Compensation Account Executive, overheard the conversation. He sent an email to Ms. Papaioannou on January 22, 2009, expressing his concerns about Ms. Bagwe's leadership and some other staffing issues on Ms. Bagwe's team. He then met with Ms. Bagwe and Ms. Street on February 10, 2009, to discuss the incident involving Ms. Coyle. At the meeting, Ms. Bagwe relayed Ms. LeClaire's and Ms. Coyle's comments about finding a "white husband." Ms. Bagwe also mentioned that Ms. Coyle previously had made a hand gesture to make fun of a co-worker's sexual orientation. Following this meeting, Ms. Bagwe repeated the information to Ms. Papaioannou.
Mr. French later sent a memorandum to Ms. Street and Ms. Papaioannou, expressing his concerns about Ms. Bagwe's leadership. The memorandum mentioned the altercation between Ms. Bagwe and Ms. Coyle, a series of emails from Ms. Bagwe in which she questioned a final decision that she had previously approved during an earlier meeting, and a failure by Ms. Bagwe's team to share reports with others in the company.
In March 2009, Sedgwick placed Ms. Bagwe on a Performance Improvement Plan ("PIP"). The PIP cited several criticisms of Ms. Bagwe's behavior over the prior year, notably that she had not brought any solutions to the February meeting with Mr. French, that she had been unresponsive to emails, and that she refused to listen to criticism. The PIP
In April 2009, Ms. Bagwe complained about the PIP to Ms. Papaioannou, Ms. LeClaire, Ms. Street, and Ms. Simpson. She also sent a complaint to Ms. Simpson in which she described "discrimination, harassment, bullying, and hostile work environment."
Ms. Simpson then investigated the complaint and issued a report on June 15, 2009. The report discussed Ms. Bagwe's complaints about her work environment and set forth her coworkers' perspective of the situation. According to the report, Ms. Warner noted "a perception [that Ms. Bagwe] is retaliatory."
On June 22, 2009, Ms. Bagwe sent Ms. Simpson another email about her concerns, stating that "[i]f discrimination is not the reason, please help me understand why my repeated requests to have the compensation addressed based solely on the merits of the situation have not been considered[.]"
At some point around early July, after a lunch outside the office, Ms. Bagwe asked Ms. LeClaire how her sister-in-law was doing. According to Ms. Bagwe, Ms. LeClaire responded, "which one, the Indian?"
In July of 2009, Ms. Warner canceled a meeting and ignored Ms. Bagwe when confronted about the cancellation. Ms. Bagwe then sent Ms. Warner a series of heated emails, which left Ms. Warner in tears. Ms. Warner forwarded these emails to Ms. LeClaire. Ms. LeClaire expressed concern about the confrontational tone of the emails, and subsequently met with Ms. Papaioannou to discuss the matter. Ms. Papaioannou stated in her deposition that she felt that Ms. Bagwe "handled the situation appropriately."
At some point in late July or early August 2009, Sedgwick decided to terminate Ms. Bagwe. Ms. LeClaire, Ms. Papaioannou, Ms. Browne, and Brad Johnson, Executive Vice President of Sedgwick, were involved in the decision. Sedgwick's policies required that Ms. Browne or Ms. Jackson approve any termination.
On August 13, 2009, Ms. Bagwe stopped by Ms. Papaioannou's office to say hello. Ms. Bagwe claims that, as she was leaving, she heard Ms. Papaioannou call her an "Indian bitch."
Later that day, Ms. Bagwe learned from Ms. Street and Ms. Jackson that she was terminated. Ms. Jackson explained that there was a "continuing lack of trust" that had "become a distraction to the business."
Sedgwick had used a "Termination Checklist and Questionnaire" on previous occasions. The form included a number of yes or no questions and ended with an instruction to "[a]llow the colleague to say goodbye to co-workers and to gather belongings; then escort quietly from the premises."
In February 2010, Sedgwick hired a replacement for the Operations Manager III position. Ms. Bagwe's replacement was white and American. He did not have experience with disability claims, but he did have management experience that Ms. Bagwe lacked. He also started at a higher salary than Ms. Bagwe. Ms. Papaioannou could not remember why Sedgwick started him at a higher salary, but Ms. LeClaire explained that it was based on "his level of experience and years of management."
A few months after her termination from Sedgwick, Ms. Bagwe applied for a position with Matrix Absence Management. Ms. Bagwe was denied the position. Ms. Bagwe has submitted the affidavit of a former employee at Matrix, who states that:
The Matrix employee further related that, upon receiving this email, she terminated the hiring process.
Ms. Bagwe filed timely charges of discrimination, hostile work environment, harassment, and retaliation with the Equal Employment Opportunity Commission ("EEOC") on December 12, 2009. She later filed this action in district court against Sedgwick, Ms. LeClaire, and Ms. Papaioannou on April 12, 2011. The complaint included discrimination, retaliation, and defamation claims under 42 U.S.C. § 1981, 42 U.S.C. § 2000e, the IHRA, and state common law.
On May 1, 2014, the defendants filed a motion for summary judgment on all counts. The defendants argued that Ms. Bagwe's claims of pay discrimination were barred by the applicable statutes of limitations and that all of the claims fell short on the merits. Ms. Bagwe did not respond to the defendants' argument that certain pay discrimination claims were time-barred. Ms. Bagwe did contest, however, the defendants' merits arguments about the discrimination and retaliation claims. She withdrew her defamation claim.
We review de novo a district court's grant of summary judgment. Pyles v. Fahim, 771 F.3d 403, 408 (7th Cir.2014). Summary judgment is appropriate when, after construing the record in the light most favorable to the nonmoving party, we conclude that no reasonable jury could rule in favor of the nonmoving party. Miller v. Gonzalez, 761 F.3d 822, 827 (7th Cir.2014).
Ms. Bagwe first contends that Sedgwick terminated her on the basis of race and national origin. Title VII makes it unlawful for an employer "to discriminate against any individual with respect to [her] compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin." 42 U.S.C. § 2000e-2(a)(1). Section 1981 makes it unlawful for an employer to discriminate on the basis of race or national origin when "mak[ing] and enforc[ing] contracts." 42 U.S.C. § 1981. The IHRA makes it unlawful "[f]or any employer . . . to act with respect to . . . privileges or conditions of employment on the basis of unlawful discrimination or citizenship status." 775 ILCS 5/2-102(A).
A plaintiff may prove discrimination under Title VII, Section 1981, and the IHRA either directly or indirectly.
Piraino v. Int'l Orientation Res., Inc., 84 F.3d 270, 274 (7th Cir.1996); see also Hasan v. Foley & Lardner LLP, 552 F.3d 520, 527 (7th Cir.2008). We do not employ "some kind of esoteric `mosaic test' or theory" under the direct method of proof. Morgan v. SVT, LLC, 724 F.3d 990, 995
Under the indirect method of proof, a plaintiff employs the test articulated in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). A plaintiff has the initial burden to show that: (1) she is a member of a protected class; (2) she was meeting her employer's legitimate expectations; (3) she was subject to an adverse employment action; and (4) similarly situated employees who were not members of the protected class were treated more favorably. Andrews v. CBOCS W., Inc., 743 F.3d 230, 234 (7th Cir.2014). If a plaintiff establishes a prima facie case, the burden shifts to the defendants to "articulate a legitimate, nondiscriminatory reason for the adverse employment action, at which point the burden shifts back to the plaintiff to submit evidence that the employer's explanation is pre-textual." Id.
Ms. Bagwe has not specified whether she is proceeding under the direct or indirect method of proof, but instead criticizes the entire framework as too rigid. We previously recognized that "serious questions" have been raised about this framework, but "[a]s long as the Supreme Court's precedents in this area are still good law, we're not authorized to abandon the established framework." Smith v. Chicago Transit Auth., 806 F.3d 900, 905-06 (7th Cir.2015) (quoting Simpson v. Beaver Dam Cmty. Hosps., Inc., 780 F.3d 784, 789-90 (7th Cir.2015)). We emphasize that "all relevant direct and circumstantial evidence is considered (in its `totality') in both methods," but that "we do indeed consider the `direct' and `indirect' methods separately when reviewing summary judgment." Orton-Bell v. Indiana, 759 F.3d 768, 773 (7th Cir.2014) (emphases in original).
When "a plaintiff eschews burdenshifting and presents direct and circumstantial evidence in opposition to an employer's motion for summary judgment," we typically use the direct method as the "default rule." Morgan, 724 F.3d at 997. Here, the district court elected to review the evidence under both methods of proof; therefore, for the sake of completeness, we also will evaluate the evidence under both the direct and indirect methods.
Ms. Bagwe submits that there is sufficient circumstantial evidence to permit a jury to conclude reasonably that she was terminated on the basis of race and national origin. In her view, the record contains "pretext" evidence, comparative evidence, and evidence of remarks that suggest a discriminatory motive. We will consider each of these types of evidence in turn, and then determine whether the record, taken as a whole, "point[s] directly to a discriminatory reason for the employer's action." Adams, 324 F.3d at 939.
Ms. Bagwe first contends there is evidence which suggests that Sedgwick's alleged rationale for termination—that Ms. Bagwe demonstrated poor leadership skills—is "unworthy of belief." Piraino, 84 F.3d at 274. To meet this burden, Ms.
Ms. Bagwe has not met that burden here. By the time Ms. Bagwe was terminated, Sedgwick had received multiple complaints about her inability to work with others. Indeed, the company earlier had placed Ms. Bagwe on a PIP because of such concerns. Later, at Ms. Bagwe's termination, Ms. Jackson explained that there was a "continuing lack of trust" and noted particularly the "continuing excessive emails."
Ms. Bagwe nevertheless argues that Sedgwick has given "shifting" explanations for her termination, which calls this rationale into question. Where decisionmakers' stated rationales are "sufficiently inconsistent or otherwise suspect," a summary judgment cannot stand. Hitchcock v. Angel Corps, Inc., 718 F.3d 733, 738 (7th Cir.2013). However, these "explanations must actually be shifting and inconsistent to permit an inference of mendacity." Schuster v. Lucent Techs., Inc., 327 F.3d 569, 577 (7th Cir.2003); see also O'Connor v. DePaul Univ., 123 F.3d 665, 671 (7th Cir.1997) (holding that a letter which described "insubordinate activities on your part which you were previously advised to cease" did not conflict with a letter which described "the continued harassment of an employee . . . after you were advised to cease"). Here, the decisionmakers' explanations that Ms. Bagwe identifies are entirely consistent and supported by the record. Ms. Street and Ms. Jackson told Ms. Bagwe that her termination had "nothing to do with performance,"
Ms. Bagwe also highlights the conflicting accounts from Sedgwick's decisionmakers over how and when the termination decision was reached. However, we have held that where "there is no conflict in the evidence regarding the reasons for"
Next, Ms. Bagwe points to a list of complaints a coworker provided to Ms. Papaioannou a few days after the decision to terminate was made. Ms. Papaioannou received this list in early August, a few days before Ms. Bagwe was actually terminated. She then emailed the list to Ms. Jackson. Ms. Bagwe contends that the list suggests that Ms. Papaioannou was trying to "dig up" reasons for her termination. When "evidence indicates an attempt to justify a discharge after the fact," it can suggest a discriminatory motive. Futrell v. J.I. Case, 38 F.3d 342, 349 (7th Cir.1994) (finding potential discrimination where a decisionmaker created a list of deficiencies after a termination and then made "it seem as if he kept the notes contemporaneously"). However, there is no evidence in the record showing that Ms. Papaioannou solicited this list. More importantly, Ms. Papaioannou never has intimated that she relied on the list when recommending Ms. Bagwe's termination. This list, therefore, does not raise any inference of discrimination.
Ms. Bagwe also suggests that Sedgwick deviated from its internal procedures when it terminated her. An employer's departure from its own policies may be circumstantial evidence of discrimination. Rudin v. Lincoln Land Cmty. Coll., 420 F.3d 712, 727 (7th Cir.2005). However, there must be evidence of a specific policy that is regularly enforced and followed in similar situations. Tank, 758 F.3d at 806 (holding that there was not circumstantial evidence where plaintiff did not offer any corporate policy); Long v. Teachers' Ret. Sys. of Illinois, 585 F.3d 344, 353 (7th Cir.2009) (holding there was not circumstantial evidence where the "policy permits the employer to exercise discretion"). In this case, Ms. Bagwe fails to present any regularly enforced company policy that Sedgwick failed to follow. Ms. Bagwe contends that Ms. Browne was obligated to speak with all of Ms. Bagwe's supervisors and review all documentation and that Ms. Papaioannou was obligated to attend her termination meeting. However, she does not point to any evidence of a company policy that imposed these obligations. Ms. Bagwe also contends that Sedgwick failed to complete the "Termination Checklist and Questionnaire" on the day of her termination and failed to follow the checklist's recommendation to allow an employee to return to her office after being fired. However, the record indicates that when Ms. Jackson, the Senior Vice President of Human Resources, attends a termination meeting, the checklist is not employed. Hanners v. Trent, 674 F.3d 683, 695 (7th Cir.2012) (holding that a deviation from company procedure was not suspicious because the company had explained that the procedure was not followed when a senior officer was involved).
Ms. Bagwe also argues that the decisionmakers knew that she got along with others and that this shows that their rationale was pretextual. First, she points to Ms. Street's testimony that she had attended meetings run by Ms. Bagwe and never had witnessed any communication
Lastly, Ms. Bagwe contends that Sedgwick called a potential employer, Matrix Absence Management, and told them that she was "a problem."
Ms. Bagwe also contends that she has "comparative evidence showing that employees similarly situated to [her] other than in the protected characteristic received systematically better treatment." Piraino, 84 F.3d at 274. Although comparative evidence is traditionally assessed under the indirect method of proof, it can be relevant under the direct method as well. Tank, 758 F.3d at 808; Coleman, 667 F.3d at 861 n. 9; Hasan, 552 F.3d at 529-30 n. 4. To be similarly situated, an employee must be "directly comparable to [a plaintiff] in all material respects." Patterson v. Avery Dennison Corp., 281 F.3d 676, 680 (7th Cir.2002). Typically, we consider whether the employees "(i) held the same job description, (ii) were subject to the same standards, (iii) were subordinate to the same supervisor, and (iv) had comparable experience, education, and other qualifications—provided the employer considered these latter factors in making the personnel decision." Ajayi v. Aramark Bus. Servs., Inc., 336 F.3d 520, 532 (7th Cir.2003).
Ms. Bagwe first compares herself to her replacement, who was a white American that also had leadership problems during his employment at Sedgwick. Ms. Bagwe's replacement also was terminated, which suggests he was not treated more favorably. However, Ms. Bagwe contends that he was fired for costing Sedgwick money. She believes that Sedgwick would have otherwise retained him, despite his leadership issues. Her belief is based entirely on speculation and does not constitute evidence of discrimination. Winsley v. Cook Cty., 563 F.3d 598, 605 (7th Cir.2009) (holding that an employee was not a valid comparator when she quit before any adverse action could be taken, and it was therefore "far from clear that [she] was treated more favorably").
Ms. Bagwe also contends that she was paid less than her colleagues who were white and American, which suggests that Sedgwick acted with a discriminatory motive. Her argument is primarily based on a chart comparing her salary to other Operations Managers III. However, Ms. Bagwe has provided no further information
Finally, Ms. Bagwe contends that there is "evidence of discriminatory intent" that would lead a reasonable jury to find in her favor. Specifically, she points to Ms. LeClaire's remark about her sister-in-law, Ms. LeClaire's suggestion to get rid of Ms. Bagwe's "old Indian husband," and Ms. Papaioannou's comment referring to Ms. Bagwe as an "Indian bitch."
Remarks can raise an inference of discrimination when they are "(1) made by the decision-maker,
Here, both of Ms. LeClaire's comments were unrelated to work and made in settings outside of the workplace. Her alleged comment about her sister-in-law was made after a lunch outside of the office. Ms. LeClaire identified the ethnicity of her sister-in-law, but the comment is far too ambiguous to raise an inference of racial or ethnic discrimination. Her "old Indian husband" remark was made in a casual conversation in the bar of a hotel, during a business trip to Atlanta. Oest, 240 F.3d at 611. Further, the comment was made over a year before Ms. Bagwe was terminated. Tank, 758 F.3d at 806 ("[I]solated comments made over a year before the adverse action are not evidence of discrimination under the direct method."). Neither of these alleged comments would allow a juror to reasonably infer discrimination.
Ms. Papaioannou's alleged comment about Ms. Bagwe, however, is a closer call. Ms. Papaioannou did not reference the termination, but she did make a disparaging comment which referenced Ms. Bagwe's ethnicity, and she made it on the day of Ms. Bagwe's termination. A single "bit" or "piece" of evidence, however, is not enough to support a claim of discrimination under the direct method of proof. Hobgood, 731 F.3d at 644. We addressed a similar situation in Dass v. Chicago Board of Education, 675 F.3d 1060 (7th Cir.2012). In Dass, a teacher who brought a claim of racial discrimination
Under the indirect method, we reach the same result. To meet her initial burden, Ms. Bagwe must show that "similarly situated employees" who were not members of the protected class were treated more favorably. Andrews, 743 F.3d at 234. As discussed above, Ms. Bagwe has failed to identify any similarly situated employees. Ms. Bagwe cannot survive summary judgment under the indirect method of proof because she cannot establish a prima facie case of discrimination. Tank, 758 F.3d at 810.
Ms. Bagwe also raises claims under § 1981, Title VII, and the IHRA that Sedgwick paid her a low salary relative to her peers on the basis of her race and national origin.
Before we assess the merits of this claim, we must address two procedural obstacles. First, Sedgwick contends that all of Ms. Bagwe's claims regarding compensation are time-barred and that we need not reach the merits on any claims of pay discrimination. That is not the case. Under § 1981, a complaint must be filed within four years of the alleged unlawful employment practice. 28 U.S.C. § 1658(a). Ms. Bagwe filed her complaint on April 12, 2011; therefore, in order to be timely, her § 1981 claims must have arisen on or after April 12, 2007.
Second, Ms. Bagwe contends that Sedgwick only challenged the timeliness, but not the substance, of her pay claims. Therefore, she believes that summary judgment on her pay discrimination claims is inappropriate. See Sublett v. John Wiley & Sons, Inc., 463 F.3d 731, 736 (7th Cir.2006) ("As a general matter, if the moving party does not raise an issue in support of its motion for summary judgment, the nonmoving party is not required to present evidence on that point, and the district court should not rely on that ground in its decision."). Ms. Bagwe specifically contends that Sedgwick only addressed Ms. Bagwe's claims about her raises and did not address claims about her salary. Ms. Bagwe is mistaken. Sedgwick clearly addressed Ms. Bagwe's "complain[t]s about her 2008 pay raise and her compensation."
Turning to the merits, we observe that our conclusions on Ms. Bagwe's discrimination claims based on termination necessarily prove fatal to any claim she has made based on unequal pay. As previously discussed, Ms. Bagwe has not presented any similarly situated employee who received a higher salary. Therefore, she cannot prevail under the indirect method of proof. She also has failed to present circumstantial evidence that would suggest that her employers had a discriminatory motive, and therefore she cannot prevail under the direct method of proof.
Ms. Bagwe finally contends that the defendants engaged in a campaign of "escalating retaliation" against her for complaining about workplace discrimination, which ultimately resulted in her termination. Title VII makes it unlawful "for an employer to discriminate against any of his employees . . . because [s]he has opposed any practice made an unlawful employment practice by this subchapter." 42 U.S.C. § 2000e-3(a). Retaliation also is a cognizable claim under § 1981 and the IHRA. Humphries v. CBOCS W., Inc., 474 F.3d 387, 398 (7th Cir.2007), aff'd, 553 U.S. 442, 128 S.Ct. 1951, 170 L.Ed.2d 864 (2008) (citing 42 U.S.C. § 1981); 775 ILCS 5/6-101.
Retaliation, like discrimination, can be established under the direct or indirect method of proof. Coleman, 667 F.3d at 859. Ms. Bagwe cannot establish a retaliation claim under the indirect method because she fails to present any similarly situated employees who were treated more favorably. See Hutt v. AbbVie Prods. LLC, 757 F.3d 687, 694 (7th Cir.2014). Therefore, she must proceed under the direct method of proof and show: (1) she engaged in a protected activity; (2) Sedgwick
Ms. Bagwe satisfies the first element. The parties agree that Ms. Bagwe made several protected complaints in early 2009, including her accusations in February 2009 of Ms. LeClaire's discriminatory comments, a memorandum in April 2009 about her PIP and salary, and an email in July 2009 to Colleague Resources about her salary. However, the parties disagree about whether Ms. Bagwe engaged in earlier protected activity, specifically on May 21, 2008, when she told Ms. Simpson that she was experiencing racial discrimination. Sedgwick contends that Ms. Simpson did not understand this complaint to concern race. However, Ms. Bagwe testified that she explicitly mentioned racial discrimination. We must accept Ms. Bagwe's testimony as true on review of summary judgment. Sedgwick also contends that Ms. Simpson did not report Ms. Bagwe's complaint to any decisionmaker, and therefore no decisionmaker could have possibly retaliated based on a complaint he or she never heard. However, one can reasonably infer that such an accusation would be reported by Colleague Resources to supervisors within Sedgwick. For the purposes of summary judgment, we must construe the facts in the light most favorable to Ms. Bagwe and conclude that this conversation also was a protected activity.
We now consider whether these protected statements are causally connected to any adverse employment action. Ms. Bagwe presents a series of events that she believes were adverse actions and argues that Sedgwick engaged in repeated retaliatory responses to her complaints. We have held that a "sequence of protected activity and punitive action could lend some support to a reasonable juror's inference of retaliation." Coleman, 667 F.3d at 862 (emphasis added). However, temporal proximity, without additional evidence, is "rarely sufficient" to establish a causal connection. Castro v. DeVry Univ., Inc., 786 F.3d 559, 565 (7th Cir.2015) (quoting O'Leary v. Accretive Health, Inc., 657 F.3d 625, 635 (7th Cir.2011)); see also Coleman, 667 F.3d at 861 (noting that a sequence of protected activity and punitive action, without more, "might not be enough" to defeat summary judgment). Here, viewing the events in chronological order, we must consider whether a reasonable juror could find that an adverse employment action occurred and that the action was causally connected to Ms. Bagwe's protected complaints.
Ms. Bagwe first submits that the defendants demonstrated a motive to retaliate before any protected activity took place. In April 2008, Ms. Bagwe complained about her pay, without mentioning race or discrimination. In response, Ms. Papaioannou told her to be careful, and noted to a co-worker that she was "not going to be able to stop" Ms. LeClaire.
Next, Ms. Bagwe contends that Sedgwick took its first retaliatory action in March 2009, when she was placed on a PIP. To rise to the level of an adverse action, a change "must be one that a reasonable employee would find to be materially adverse such that the employee would be dissuaded from engaging in the protected activity." Lewis v. City of Chicago, 496 F.3d 645, 655 (7th Cir.2007) (quoting Roney v. Illinois Dep't of Transp., 474 F.3d 455, 461 (7th Cir.2006)). A PIP, without more, does not rise to this level. Davis, 651 F.3d at 677; see also Langenbach v. Wal-Mart Stores, Inc., 761 F.3d 792, 799 (7th Cir.2014); Cole v. Illinois, 562 F.3d 812, 816 (7th Cir.2009). Ms. Bagwe alleges that this PIP had materially adverse consequences. Specifically, she claims that the PIP prevented her from receiving a performance evaluation, and that the evaluation would have resulted in a pay raise. However, nothing in the record ties the PIP to her evaluation, much less her compensation. Therefore, this PIP is not an adverse employment action.
A PIP could still constitute relevant evidence of retaliation. Oest, 240 F.3d at 613. However, nothing in the record suggests that this PIP was pretextual or retaliatory. Ms. Bagwe received the PIP after a confrontation with Ms. Coyle and two detailed complaints sent by Mr. French. The PIP provides a detailed list of concerns regarding Ms. Bagwe's performance, including her refusal to reply to emails or listen to criticism. The PIP does mention Ms. Bagwe's complaints about her coworkers' prejudiced comments, but states that "it was [her] role and responsibility to address the issue at that time and not a year later."
Ms. Bagwe also alleges that Sedgwick investigated her immediately after she complained of pay discrimination in April 2009 instead of taking her accusations seriously. She believes this investigation was improper and, therefore, constitutes evidence of Sedgwick's retaliatory motive. However, we have held that a company's investigation of a plaintiff immediately after she makes a complaint is "not suspicious," because the company might well need "to determine whether there was a larger problem." Tank, 758 F.3d at 805, 807. Indeed, Ms. Simpson explained that Sedgwick's investigation of Ms. Bagwe was "related to the overall investigation of what was occurring in the office with relationships."
Finally, Ms. Bagwe claims that she was terminated for retaliatory reasons.
For the foregoing reasons, we affirm the district court's judgment.
AFFIRMED
Ratna Bagwe reported to Angela Papaioannou, Area Manager for the AT & T account. Ms. Papaioannou reported to Tammy LeClaire, Managing Director. Ms. LeClaire reported to Brad Johnson, the Executive Vice President.
Charles French, the AT & T Workers' Compensation Account Executive, was on the same grade level as Ms. Bagwe. Mr. French reported directly to Ms. LeClaire.
Within Colleague Resources, Carla Street worked as a Colleague Resources Manager in Sedgwick's Chicago office. She reported to Stephanie Simpson, Regional Colleague Resources Manager. Ms. Simpson reported to Rachel Jackson, Senior Vice President of Colleague Resources. Terri Browne, Executive Vice President and Chief People Officer, oversaw Colleague Resources.
