David v. Board of Trustees of Community College District 508, No. 15-2132 (7th Cir. 2017)Annotate this Case
David, an African-American woman over the age of 40, was an employee of the City Colleges of Chicago (CCC) from 1980-2012. She announced in 2011 that she planned to retire in 2012. She then requested a change in title and an increase in salary because she was performing additional responsibilities related to the implementation of a software system; she was not awarded either. CCC characterized her additional responsibilities as “lateral,” not requiring a change in title. Giving David a raise a raise over a certain amount would have resulted in a fine by the State University Retirement System. Following her retirement, her responsibilities were performed by an Asian man under the age of 40, who was paid substantially more than David. David sued, alleging that she was denied a pay increase on the basis of her race, sex, and age, in violation of the Age Discrimination in Employment Act, 29 U.S.C. 621.; Title VII of the Civil Rights Act, 42 U.S.C. 2000e; and the Equal Pay Act, 29 U.S.C. 206(d). The district court granted CCC summary judgment. The Seventh Circuit affirmed, stating that the record, assessed in its entirety, does not contain sufficient evidence to permit a verdict for David on any of the counts. David’s “comparator” employees performed functions she could not perform and her announcement of her intent to retire left CCC with little motivation to respond.