Kimble v. Wisconsin Department of Workforce Development

Johnny Kimble (plaintiff), a Black male, was the longtime supervisor of the Milwaukee office of the Civil Rights Bureau, which fell within the Equal Rights Division (ERD) of the Wisconsin Department of Workforce Development (department) (defendant). Kimble reported to Leanna Ware, a White female who also supervised Georgina Taylor, an Argentinian woman who supervised the Civil Rights Bureau’s Madison office. Ware reported to the ERD administrator, J. Donoghue (defendant), who oversaw both the Civil Rights Bureau and the Labor Standards Bureau. James Chiolino and Mike Dixon, both White males, were supervisors in the Labor Standards Bureau. The ERD administrator could authorize bonuses and raises. In the 12 years that Donoghue was administrator, she awarded Kimble only one $300 bonus and no pay raises. In contrast, she granted Taylor a $0.50 pay raise, Dixon a $1.00 pay raise, and Chiolino two pay raises totaling $3.00. For most of Donoghue’s tenure, Kimble was the only Black male ERD supervisor. Kimble sued the department and Donoghue, alleging that Donoghue’s failure to award him a raise constituted discrimination based on race and gender in violation of Title VII of the Civil Rights Act of 1964 (Title VII). Donoghue argued that her failure to award a raise was not because of discrimination but instead because Kimble’s performance was never sufficient to merit one. However, when testifying, Donoghue was evasive and defensive and often contradicted herself. Additionally, Kimble’s annual performance reviews by Ware attested that he performed well and met goals. The district court considered the parties’ arguments.