Jordan v. City of Gary

• Decision Date: 28 January 2005
• Docket Number: No. 03-3772.,03-3772.
• Citation: 396 F.3d 825
• Parties: Juanita JORDAN, Plaintiff-Appellant, v. CITY OF GARY, INDIANA and Donald Thompson, Defendants-Appellees.
• Court: U.S. Court of Appeals — Seventh Circuit

396 F.3d 825

Juanita JORDAN, Plaintiff-Appellant, v. CITY OF GARY, INDIANA and Donald Thompson, Defendants-Appellees.

No. 03-3772.

United States Court of Appeals, Seventh Circuit.

Argued May 26, 2004.

Decided January 28, 2005.

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Nathaniel Ruff (argued), Merrillville, IN, for Plaintiff-Appellant.

Sonya A. Morris (argued), City of Gary Law Department, Gary, IN, for Defendants-Appellees.

Before BAUER, POSNER and COFFEY, Circuit Judges.

COFFEY, Circuit Judge.

Juanita Jordan filed a complaint on May 2, 2001 in federal court against her former employer, the City of Gary, Indiana, and her former supervisor Donald Thompson alleging sex discrimination and harassment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., age discrimination in violation of the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. § 621 et seq., as well as defamation of character and violation of her freedom of speech. Following the defendant's motion for summary judgment, the district court, Judge Theresa Springmann presiding, found as a matter of law that Jordan failed to present sufficient evidence as to any claim which would warrant a trial. The district court granted the defendants' motion for summary judgment and entered judgment in their favor. We affirm.

I. Background

Juanita Jordan, a 60-year-old African-American female, was employed by the City of Gary, Indiana, Division of Health and Human Services ("HSS") Health Clinic for 15 years, from June 1, 1984 until the date of her termination on July 8, 2000.¹ Jordan joined the Gary Health Department ("GHD") as a switchboard operator and through the years was promoted a number of times, eventually attaining the position of Senior Disease Intervention Specialist ("DIS II"), which she held at the time of her discharge. As a DIS II, Jordan contacted individuals infected with either syphilis or HIV, arranged testing and treatment for them and their infected, or potentially infected, partners and counseled them on a number of disease-related matters. To qualify for that position, Jordan, 58 at the time of her termination had earned a degree in psychology from Purdue University Calumet in 1978 and had attended regular continuing education classes and seminars.

Throughout most of her tenure at the HSS, the record establishes that Jordan was a distinguished and dedicated employee. Indeed, for two consecutive years, in 1988 and 1989, Jordan was named the best Disease Intervention Specialist in the State of Indiana. In addition, Jordan was considered to be a valuable resource at the HSS by a number of her colleagues and supervisors. However, beginning in 1993, and continuing until her termination in 2000, a number of rather serious flaws began to manifest themselves in Jordan's work history as a model employee.

From 1993 to 1999 Jordan was disciplined on a number of occasions for violations of the City of Gary work rules and policies, some very serious (e.g., failing to report to work and using the city's property without permission). These violations resulted in various types of reprimands, referral to a counselor under the City of Gary's Employee Assistance Program, and even suspension from her duties without pay.² For example, on or about June 24 1997, in a conversation with a client, Jordan began belittling and badgering him over the telephone. According to the record, when the client failed to recall some specific information that Jordan requested she (Jordan) became abusive, calling him a "murderer," and hanging up. Tr. Exh. 25. This resulted in Jordan's suspension without pay for three days, effective June 24, 1997. However, in an act of defiance, Jordan returned to work the following day, in spite of the suspension order, and as a result an additional day was added to her suspension. In addition, she was also required to consult an Employee Assistance Program counselor before returning to work.

In October of 1999, allegedly under pressure from the Gary, Indiana Mayor's office, changes in the HSS department were initiated.³ Donald Thompson, the Division Director of the HSS, claims he was directed to get to the bottom of some alleged breaches of confidentiality and other deficiencies manifested by staff members within the department. As part of this initiative, Thompson enlisted the help of the HSS Health Clinic Manager at the time, Aleisa James (Jordan's supervisor from 1992-2000) and instituted a number of changes in the department such as a new policy requiring that, going forward, all DISs would be required to hold a medical assistant certification, unless they were licensed professional nurses. Also, in February of 2000 Thompson announced his intention to have the entire staff re-apply for their positions.

Shortly thereafter, in March of 2000, Aleisa James, the Clinic Manager and Jordan's supervisor, announced that she would be taking approximately six weeks of medical leave. James suggested to Thompson that Jordan and another employee, Roland Carey, II, be assigned to split the time that she would be on leave as acting Clinic Manager. However, because Thompson had doubts about Jordan's abilities to take orders and follow directives, he instead named Deputy Director of Health, Ida Parker, 55, as James' replacement as the ranking officer in the HSS Health Clinic. In addition, Carey, 37, was named supervisor/lead case management person, based on "his previous working relationship with Aleisa James and his case management skills." Carey's role was to coordinate the case management activities of the clinic (i.e., assign and manage the handling and completion of cases on a day-to-day basis) and to report on a daily basis to Ida Parker (who in turn reported to Thompson as Director of the HSS).

Following Carey's installation as supervisor, Jordan's instances of insubordination and insolence escalated. The week of May 8, 2000, Jordan was late returning from lunch on three consecutive days and was issued a written warning on May 12. Also on Friday, May 12, 2000 Jordan was disciplined for breaching the City's dress code policy when she wore a head covering to work. After being ordered to remove the article, she complied; however, the following Monday Jordan returned to work wearing the same head covering and was suspended for three days for insubordination. In addition, on May 25, 2000 Jordan was once again suspended, this time for five days, for leaving the building without permission in order to discuss a grievance she had filed with the City's human resources department regarding the head covering incident. In a further act of defiance, during her suspension from work for being absent without leave, Jordan was identified on the Health Clinic property without authorization and was escorted from the property by security after being informed that she was not to be on the property while suspended.⁴

Reacting to the pattern of unacceptable behavior described above, Thompson, in conjunction with his deputy, Ida Parker, informed Jordan that she would be suspended until July 5, 2000, demoted (with a corresponding $1,500 decrease in salary) and be placed on 90-days probation, after which the status of her continued employment would be reviewed. On July 5, 2000, Jordan failed to report for work or to notify her supervisors that she would be absent. Although Jordan filed a grievance the following day with the City of Gary regarding the suspensions and demotion she had received — in which she also alleged a pattern of harassment — she persisted in her insubordination by failing to report for work over the next two weeks. On July 19, 2000, Thompson sent Jordan a certified letter informing her that she was absent without leave and advising her of the fact that a recommendation for her termination had been forwarded to the City's human resources department. Jordan's dismissal from the Health Department became final effective July 8, 2000.⁵ In response, Jordan filed a complaint with the Equal Employment Opportunity Commission ("EEOC") on July 23, 2000, alleging discrimination on the basis of sex and age as well as failure to promote, which was denied. Jordan was subsequently issued Notice of Right to Sue by the EEOC in February of 2001.

Jordan filed a pro se complaint on May 2, 2001, in the United States District Court for the Northern District of Indiana, alleging that the City of Gary and Thompson discriminated against her on the basis of her sex, in violation of Title VII and her age, in violation of the ADEA. Specifically, Jordan claimed that Thompson discriminated against her on the basis of her sex and age when he selected Parker, a 55-year-old female, and Carey, a 37-year-old male, to assume James' responsibilities instead of promoting her (Jordan herself was 58 years old at the time). In addition, Jordan claims that she was also discriminated against on the basis of both her age and sex when she was disciplined various times in May of 2000, demoted and terminated in July of that year. Jordan also included a surprising claim that she was "constructively discharged" by Thompson when she had no other recourse but to not return to work following her final suspension and demotion, thereby causing her termination.

On February 14, 2003, after discovery had been conducted, the defendants moved for summary judgment and the district court agreed granting the motion to dismiss. Proof of discrimination may be found under either the direct or indirect method. The trial judge concluded that, under the direct method of proof, Jordan had failed to establish that Thompson had intentionally discriminated against Jordan because she was an older female. In addition, under the indirect method the court found that, assuming Jordan had made out a prima facie case of age and sex discrimination regarding her failure to promote claim, she had failed to establish that Thompson's reasons for promoting Carey (i.e., that ...