Green v. Administrators of Tulane Educational Fund
| Decision Date | 15 March 2002 |
| Docket Number | No. 00-30530.,No. 00-31118.,00-30530.,00-31118. |
| Citation | 284 F.3d 642 |
| Parties | Cathryn GREEN, Plaintiff-Appellant-Cross-Appellee, v. The ADMINISTRATORS OF THE TULANE EDUCATIONAL FUND, Defendant-Appellee-Cross-Appellant. Cathryn Green, Plaintiff-Appellee, v. The Administrators of the Tulane Educational Fund, et al., Defendants, The Administrators of the Tulane Educational Fund, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Fifth Circuit |
Judy L. Burnthorn (argued), Reginald Christopher Johnson, Deutsch, Kerrigan & Stiles, New Orleans, LA, for Green.
George Phillip Shuler, III (argued), Douglas L. Grundmeyer, Julie Dautreuil Savage, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Administrators of Tulane Educational Fund.
Appeals from the United States District Court for the Eastern District of Louisiana.
Before HIGGINBOTHAM, BARKSDALE and STEWART, Circuit Judges.
Cathryn Green ("Green") alleges that, following a failed consensual relationship with Dr. Donald Richardson ("Richardson"), her supervisor and the Chairman of the Department of Neurosurgery at Tulane University ("Tulane"), Richardson harassed her because she refused to continue having a casual sexual relationship with him. Green filed suit against Richardson and Tulane, alleging sexual harassment and retaliation claims under Title VII and other causes of action under Louisiana law. Green sought compensatory damages, back pay, front pay, and punitive damages.
The district court granted a partial summary judgment motion dismissing all of Green's claims against Richardson and her intentional infliction of emotional distress and respondeat superior claims against Tulane. At the close of the evidence, the district court granted Tulane's motion for judgment as a matter of law, holding that Green was not entitled to punitive damages. The jury returned a verdict in favor of Green and awarded her $300,000 in compensatory damages. The court affirmed the advisory jury's back pay award of $124,673 and awarded $4,287 in front pay. Final judgment was entered on December 8, 1999. On March 30, 2000, the court denied Tulane's post-judgment Rule 50 motion and its motion for a new trial regarding the jury verdict. On August 8, 2000, the district court entered a judgment awarding $302,285 in attorneys' fees. Thereafter, on August 18, 2000, the Clerk of Court taxed costs in the amount of $28,929.29. On October 11, 2000, the district court awarded an additional $98 in costs.
In this appeal, Green challenges the district court's grant of judgment as a matter of law, which dismissed her claim for punitive damages. Tulane appeals the court's denial of its motion for judgment as a matter of law, arguing that the court erred in several ways. Tulane submits that the harassment endured by Green was not sufficiently severe or pervasive. Moreover, Tulane argues that harassment arising out of personal animosity is not based on sex and is, therefore, not actionable under Title VII. Tulane further asserts that Green suffered no tangible employment action. It also maintains that the alleged retaliatory actions took place before Green complained of the harassment, and thus, there was no causal connection between Green's engaging in protected activity and the actions taken against her. Tulane further argues that the court's award of front pay, back pay, and attorneys' fees amounted to an abuse of discretion. It further asserts that the trial court improperly instructed the jury and incorrectly admitted prejudicial hearsay testimony. We AFFIRM the district court's judgment in all respects.
Green was first employed as a secretary to Richardson in May of 1972. After a few years, she left Tulane; however, in April of 1980, she returned as an "Administrative Assistant IV." Green eventually took the position of "Office Manager." In the years prior to Green's sexual involvement with Richardson, she was never reprimanded for her job performance. In fact, it appears that she was considered a stellar employee.
Since 1972, Richardson pursued Green romantically. In 1991, he began to pursue her more intensely. By October of 1992, a consensual sexual relationship commenced. However, the relationship was on-again/ off-again and was ultimately terminated in November of 1993. The impetus for their break-up appears to have been Richardson's resumption of a prior relationship with Julie Frentz ("Frentz"). Shortly thereafter, Green underwent a hysterectomy. During the procedure, she experienced severe complications causing her to be absent from work for an extended period of time.
In January of 1994, Green began to work on an as-tolerated basis. It was at this time that Richardson allegedly began to sexually harass her. He directed that the locks on her desk be broken and that her drawers be searched. Green contends that Frentz wanted her fired, and that at Frentz's behest, Richardson undertook a campaign to make it impossible for her to continue performing her job duties.
In mid-January of 1994, Green took further time off to recuperate. Despite Richardson's assurances that Green could take all the time she needed to recover, he sent her a certified letter stating that she must return to work on the next business day or supply a doctor's note. Green received the letter on January 14th, the Friday before a holiday weekend and was therefore unable to secure a doctor's note. As such, she returned to work on the next business day, which was January 18th. On the same day, she went to the head of Tulane's personnel department, Frank Currie ("Currie"), to lodge a complaint against Richardson. She also replied to Richardson's letter by drafting a response defending herself. She carbon copied Currie in that letter, thereby putting Richardson on notice that she had alerted the personnel department about his behavior.
On January 20th, Richardson filled out a Staff Counseling Report ("SCR"), wherein he listed Green's job title as Administrative Assistant rather than Office Manager. The SCR delegated many of Green's duties to Richardson. She was also accused of being verbally abusive to office personnel. Green again contacted Currie, who placed her on Paid Administrative Leave ("PAL"), and instructed that she return on January 24th. Currie later informed Richardson that the SCR was against Tulane policy and would be withdrawn and retracted.
Green maintains that despite revisions to the SCR, her job duties were never restored. Moreover, she maintains that on February 8th, she overheard a staff meeting wherein Richardson and Frentz "plotted" to reorganize the department in such a manner that stripped Green of her remaining job responsibilities.1 Two days later, Green met with Mary Smith ("Smith"), Tulane's EEO officer. On February 16th, Green made a formal complaint with the EEO office. Green was subsequently placed on PAL again.
In late February, Smith held a meeting with Richardson and Green wherein Smith reinstated all of Green's job duties. Green maintains that despite Smith's instructions, her duties were still not restored. Richardson continued to alter her job duties and Green continued to complain to Smith and Currie. She was placed on PAL again.
Upon the exhaustion of available PAL, Currie sent Green a letter stating that she had to return to work on April 11, 1994. On April 11, 1994, Green informed Currie that she could no longer work with Richardson as it was having a deleterious effect on her mental health. Green took this step at the direction of Dr. George N. Guild ("Guild"), her psychotherapist. Guild had advised her that she should no longer work for Richardson as she was experiencing suicidal ideation. Guild also diagnosed her with mood and anxiety disorders. He testified that the experience with Richardson caused Green to relive the trauma she had experienced during an earlier rape, which in turn brought on a relapse of Post-traumatic Stress Disorder ("PTSD").2
Subsequently, Green applied for long-term disability due to her deteriorating mental condition. While on PAL, she received her full salary. Ultimately, Green was on PAL through July 1, 1994, when she began receiving disability payments. Tulane maintains that it began seeking an appropriate transfer for Green in March and that it continued to do so throughout this time. Green interviewed for one other position within the Tulane system, but she was not given the job. At the direction of Guild, Green subsequently began attending nursing school. She began working as a nurse full time in 1998.
Green first argues that, since the entry of judgment occurred on December 8, 1999, Tulane's Notice of Appeal, which was filed on April 28, 2000, is untimely as it was filed after the thirty-day period allowed by FED. R.APP. P. 4(a)(1)(A). Tulane responds that it delivered its Rule 50(b) motion for judgment as a matter of law to the clerk of the district court on December 22, 1999, within the requisite ten day period set by the Rule, as computed by FED. R.CIV.P. 6(a). It argues that it timely filed its motions when they were hand delivered to the clerk, even though the clerk stamped as "filed" only the motion for leave to file the supporting memoranda in excess of twenty-five pages, and thereafter stamped the post-judgment motion filed on January 3, 2000.
FED. R.App. P. 4(a)(4)(A)(i) provides that if a party timely files its Rule 50(b) motion, the time to file an appeal does not run until the entry of the order disposing of that motion. The Rule 50(b) motion was disposed of on March 30, 2000, thereby making Tulane's April 28, 2000 notice of appeal timely, since it delivered the motion to the clerk on December 22, 2000.3 Tulane is not...
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