Nichols v. Ill. Dep't of Transp.

152 F.Supp.3d 1106

Demarco Nichols, Plaintiff,

v.Illinois Department of Transportation and Illinois Department of Central Management Services, Defendants.

12 C 1789

United States District Court, N.D. Illinois, Eastern Division.

Signed January 19, 2016

Joseph A. Longo, Joseph A. Longo, Mt. Prospect, IL, for Plaintiff.

John R. Hayes, Illinois Attorney General, Adam Garret Eisenstein, Erin M. Petrolis, Office of the Illinois Attorney General, Chicago, IL, for Defendants.

MEMORANDUM OPINION AND ORDER

Honorable Thomas M. Durkin, United States District Judge

Plaintiff DeMarco Nichols filed this lawsuit under Title VII, 42 U.S.C. § 2000e, against the Illinois Department of Transportation (IDOT) and the Illinois Department of Central Management System (CMS). IDOT is Nichols's former employer, and CMS is a state agency with responsibility for overseeing and implementing the state civil service and personnel code.¹ After ten years of employment, IDOT terminated Nichols effective June 4, 2008 for violation of IDOT's policy against workplace violence. Nichols is Muslim, and he alleges that IDOT discriminated and retaliated against him based on his religion, and refused to accommodate his request for a quiet place to pray while at work. Defendants have filed a motion for summary judgment. For the reasons that follow, Defendants' motion is denied.

BACKGROUND²

Nichols was hired by IDOT on March 2, 1998 to work at the I-57 Maintenance Yard in Markham, Illinois. In or about 2003, he was transferred to the Harvey Maintenance Yard in Harvey, Illinois. With the exception of one temporary short-term re-assignment in the spring of 2006, Nichols worked at the Harvey Yard from 2003 until his discharge on June 4, 2008. Nichols's position throughout his ten-year employment with IDOT was “Highway Maintainer,” and one of his primary jobs was to plow snow during the winter season. During the summer months, Nichols was given various other tasks to perform. Nichols had relatively few problems during most of the years in which he was employed at the Harvey Yard, and his supervisor testified that at no time did he recall Nichols ever exhibiting any type of hostility or committing any act of violence. See R. 137-7 at 217; R. 137-8 at 26. Nichols testified that for the most part he kept to himself. He received “satisfactory” and occasional “very satisfactory” job reviews from his supervisor. See R. 137-7 at 142, 144-46. His only dissatisfactory review was in the spring of 2008, when the events at issue in this lawsuit transpired.

A. Nichols Becomes Acting Lead Worker

While at the Harvey Yard, Nichols's direct supervisor was George Martin, whose title was “Yard Technician.” The yard technician is in charge of the yard, and is assisted in his duties by two permanent “lead workers” and one “lead lead worker.” The permanent lead workers at the Harvey Yard in the early part of 2008 were Robert Thompson and Kevin Reynolds. The lead lead worker in this same period was Frank Romanski.

At some point prior to 2008, IDOT instituted a policy whereby workers in the yard became eligible to apply for a position of “temporary acting lead worker.” If an employee volunteered to be a temporary acting lead worker and met the qualification requirements, his name was placed on a list. The yard technician was required to appoint the worker whose name was at the top of the list to act as the temporary lead worker for a two-month period. E.g., R. 137-7 at 101-03, 174-75. The position would then rotate to the person whose name was next on the list. During the two months that a worker was assigned to be an acting lead worker, he would be paid at a higher rate to assist the permanent lead workers in their duties under the supervision of the lead lead worker, who in turn received his orders from the yard technician.³ Nichols volunteered and became qualified to put his name on the list of rotating temporary lead workers. His name came up to serve in that position for a two-month period beginning on December 28, 2007.

Nichols believes that his problems at work began in December 2007 because “someone” at the Harvey Yard “did not want [him] to be the acting lead worker.” R. 137-20 at 5. Nichols claims that although he was acting lead worker from December 28, 2007 through February 28, 2008, Martin, Romanski, Thompson, and Reynolds refused to treat him as such. Among other things, he claims that (1) he was made to do highway maintainer work while workers who he was supposed to be supervising were “sitting” back at the yard; (2) efforts were made to procure false accusations against him; and (3) he was required to always be on the road with his crew, while other acting lead workers did not go out on the road, and if they did they got to take the supervisor's truck and ride by themselves. Id. Nichols also claims that he was suddenly being called out for rule infractions while similar or worse rule infractions of other workers were ignored. In particular, Nichols complains about a one-day suspension he received without pay for violating IDOT's “Snow and Ice Policy” on February 5, 2008. R. 137-13 at 3; R. 137-14 at 2.

B. Nichols's Grievances

Rather than attempt to summarize the contents of Nichols's grievances, the Court will set them out in full.

Nichols's first grievance challenged his citation for violating the snow and ice policy. Nichols also addressed his belief that he was being treated unfairly as acting lead worker. On March 10, 2008, Nichols filed a grievance with Martin stating as follows:

A meeting took place in Your office approximately one month ago. At that meeting were: You, your Lead Lead Worker Frank Romanski, your Lead Worker, Kevin Reynolds, and myself. We had a discussion concerning what problems “they” had with the way I do my job. Your Lead Lead Worker and your Lead Worker left that office with a “bad taste” in their mouths. I have heard it said by your Lead Worker: I know who to talk to in order to “get things done”. I don't know what this means to you, but it sounds like “GANGSTER TALK” to me. That's not a problem for me. I am “very familiar” with this kind of “talk”. Since then, I am witnessing an outright attempt by these two individuals (with the help of others) to “push me out”. Literally. I am currently facing “discipline” due to “willful negligence” by these two individuals.

The grievance. On the night I was supposedly a “no-answer” [violation of snow and ice policy], I called the team section TWICE that night in LESS THAN TEN MINUTES. NO ONE ANSWERED THE PHONE. I continued to call. No one answers [sic] the phone until AFTER six O'clock, only to tell me I was “passed over”. I can and will prove this allegation. I will also prove the “PROCEDURES” ARE NOT APPLIED EVENLY ACROSS THE BOARD. Why would they NOT answer the phone? Possibly because they were TOO EAGER to “got to the next person”. These “despots” are so hell-fired to “get me”. You (George) were asked by me to “get these people off my back”. Now I am asking you, openly and formally. GET YOUR LEAD LEAD WORKER AND YOUR LEAD WORKER OFF MY BACK. It is WRONG for “THEM” to “DICTATE POLICY” onto me WHILE “THEY” commit every “administrative atrocity” on the “book”.

“ASSALAAMALAIKUM”

D. NICHOLS

R. 137-9 at 3.

Nichols's second grievance was addressed to IDOT's policy requiring workers to rotate weekly between day and night shifts during the snow and ice season. See R. 137-7 at 130-31. Nichols's wife was suffering from a debilitating illness, and Nichols was needed at home during the evenings to care for her. Nichols requested to be relieved from the rotation policy. On March 10, 2008, he filed a grievance stating as follows:

A serious medical condition within my household requires I remain on the day shift for the duration of the snow & ice season—This medical condition, combined with willful negligence by the “office” is making the job a very difficult, yet stressful one.

A “prompt” reply is appreciated. Before next week if possible.

R. 137-10 at 2.

Nichols's third grievance requested a religious accommodation to pray. According to Nichols, one of the tenets of his Islamic faith is that, when a person is faced with troubles in his life, he should pray more frequently. Nichols was finding it difficult to pray while serving as acting lead worker. Therefore, on March 10, 2008, Nichols filed a grievance stating as follows:

I am a man of the Islamic faith—Have been a Muslim my Entire Life . It is a must for every Muslim to pray five (5) times a day. The hours spent on the road disallows time for at least 2 prayer sessions. I would appreciate if arrangements could be made for me to practice my religion in the proper manner.

R. 137-11 at 2.

All three of Nichols's grievances were denied at the step 1 level⁴ on March 13, 2008. In each instance, the denial was signed by James Stumpner, Martin's supervisor twice removed. Three days later, on March 13, 2008, all three grievances were denied at the step 2 level by someone with the initials “MS.” “MS” likely stands for Mike Schivarelli, Martin's supervisor once removed.⁵ On March 20, 2008, all three grievances were denied at the step 2a level by Carmen Iacullo. The record does not indicate any action on Nichols's three grievances beyond the step 2a level.⁶

C. Nichols Seeks Help From Employee Assistance/Labor Relations

Although the timeline of events is not clearly established by the current record, it is reasonable to infer from the documents submitted to the Court that, shortly after Nichols filed these grievances, he became aware of increasing talk at the yard about someone wanting to hurt him. He previously had heard “certain ‘tough guy’ talk around the yard” that “you don't want to piss this guy off” because “he can do this—he can do that—he can have your legs broken.” R. 137-22 at 3. Nichols believed these statements referred to Romanski. Initially, Nichols claims, he dismissed comments such as this as ‘idle chatter.’ ” Id. But during the time period he was acting lead worker, he...