United States District Court, E.D. Wisconsin
DECISION AND ORDER
ADELMAN District Judge.
Carol Peck, alleges that her employer, Kelly Services Inc.,
violated Title VII of the Civil Rights Act of 1964 and the
Age Discrimination in Employment Act (ADEA) by intentionally
discriminating against her because of her sex and age and
retaliating against her for opposing such discrimination.
Before me now are defendant's motion for summary judgment
and motions from each party to seal certain supporting
provides staffing services to other companies, such as
assisting them in recruiting and retaining employees.
Defendant is organized into several departments, known within
the company as “verticals, ” that provide
differing services to clients. Plaintiff started working at
defendant as a temporary employee in the Recruitment Process
Outsourcing department (the “RPO vertical”) in
2002 before becoming a fulltime employee there. The RPO
vertical recruits employees for other companies. Plaintiff
worked for defendant from 2002 to 2011. She is female and was
over 40 years old at all relevant times.
2008, as part of a reduction in force within the RPO
vertical, plaintiff was transferred to defendant's Global
Practice Office (GPO), which merged into defendant's
Global Implementation Services department (GIS) in 2009. GIS
internally supports defendant's verticals, which in turn
provide services to outside companies. Defendant's
verticals are essentially GIS's clients.
worked as an implementation manager in GIS supporting the RPO
vertical, in which she had previously worked. Her supervisor
was Paul Rubel, Rubel's supervisor was Bob Roushey, and
Roushey's supervisor was Kent Schomer. Plaintiff
generally received positive feedback from fellow employees,
clients, and her supervisors.
September 2009, Stacey Forbes, regional practice lead for the
RPO vertical, contacted Roushey about plaintiff. Forbes
complained about plaintiff's work and conduct and said
that she no longer wanted plaintiff supporting the RPO
vertical. In January 2010, Roushey told plaintiff that she
would no longer be servicing the RPO vertical because of
structural changes in the RPO vertical and personality
issues. In May 2010, Roushey told plaintiff about
Forbes's complaints. Defendant promoted a male GIS
employee to service the RPO vertical.
2010, defendant promoted Wendy Berg to the position of senior
implementation manager in GIS. Berg is about 14 years younger
2010, plaintiff's lawyer sent a letter to defendant
complaining about age and sex discrimination in the
September 2010, Rubel assigned Melvin Johnson and Michael
Connolly to lead a project for Johnson & Johnson in
Puerto Rico supporting defendant's Business Process
Outsourcing (BPO) vertical. Both are male, and Johnson is
about 12 years younger than plaintiff. Plaintiff claims that
she was assigned a purely administrative role on the project,
but defendant disputes this.
October 10, 2010, plaintiff emailed Schomer telling him that
she planned to submit complaints to the Equal Rights Division
of the Wisconsin Department of Workforce Development (ERD)
and the Equal Employment Opportunity Commission (EEOC)
alleging discrimination on the basis of sex and age. She
filed those complaints on October 27, 2010.
filing her complaints, plaintiff claims that her superiors
limited one-on-one communications with her by cancelling
meetings, converting one-on-one meetings into group meetings,
or ceasing direct communication entirely. Defendant disputes
this. Plaintiff also claims that Rubel said that he would not
talk to her about promotional opportunities or career
advancement while her legal claims were pending. Finally,
plaintiff says that she was assigned to only administrative
work after she filed her complaints. Defendant disputes this,
resigned in January 2011 in an email to Rubel, Roushey, and
Schomer indicating that she was doing so because of a pattern
of discriminatory and retaliatory conduct that stalled her
career and affected her emotional health and well-being. She
started work at another staffing company the next week.
October 2011, plaintiff filed additional complaints with ERD
and EEOC alleging further discrimination because of her age
and sex and ...