Morgan v. Massachusetts General Hosp., s. 89-1624

• Citation: 901 F.2d 186
• Decision Date: 05 December 1989
• Docket Number: 89-1625,Nos. 89-1624,s. 89-1624
• Parties: 134 L.R.R.M. (BNA) 2172, 53 Fair Empl.Prac.Cas. 1780, 53 Empl. Prac. Dec. P 39,860, 16 Fed.R.Serv.3d 813, 30 Fed. R. Evid. Serv. 205 John E. MORGAN, Plaintiff, Appellant, v. MASSACHUSETTS GENERAL HOSPITAL, Defendant, Appellee. . Heard
• Court: United States Courts of Appeals. United States Court of Appeals (1st Circuit)

Page 186

901 F.2d 186

134 L.R.R.M. (BNA) 2172, 53 Fair

Empl.Prac.Cas. 1780,

53 Empl. Prac. Dec. P 39,860, 16 Fed.R.Serv.3d 813,

30 Fed. R. Evid. Serv. 205

John E. MORGAN, Plaintiff, Appellant, v. MASSACHUSETTS GENERAL HOSPITAL, Defendant, Appellee.

Nos. 89-1624, 89-1625.

United States Court of Appeals, First Circuit.

Heard Dec. 5, 1989.

Decided April 20, 1990.

Robert C. Johnson, Jr., with whom Johnson & Jenkins, was on brief for plaintiff, appellant.

James H. Wexler and Jeffrey F. Beatty, with whom Kotin, Crabtree & Strong, were on brief for defendant, appellee.

Before CAMPBELL, Chief Judge, and TORRUELLA, Circuit Judge, and COFFIN, Senior Circuit Judge.

TORRUELLA, Circuit Judge.

John E. Morgan appeals from the decision of the United States District Court for the District of Massachusetts granting Massachusetts General Hospital's motion for summary judgment and motion to dismiss. 712 F.Supp. 242. Massachusetts General Hospital ("MGH" or "Hospital") cross-appeals from the district court's failure to award attorney's fees.

Morgan originally sued two of his superiors individually, as well as MGH, under Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e, and 42 U.S.C. Sec. 1981. The claims against the individual superiors were dismissed on April 8, 1986. He also brought a claim under 42 U.S.C. Sec. 1985 alleging conspiracy to violate his civil rights as well as several state law tort claims, which were similarly dismissed on April 8, 1986. Summary judgment was granted for all remaining Title VII and Sec. 1981 claims against the Hospital, and the district court then declined to award MGH attorney's fees.

For the reasons stated below, we affirm the decision of the district court with respect to the appeal, and remand for a statement of reasons with regard to the cross-appeal.

I. FACTUAL BACKGROUND

In 1972, John E. Morgan, a black male, began his employment at MGH as an elevator operator. In 1977, he became a general service aide, a position he held until his termination in December, 1984. His duties included mopping and waxing floors, and he generally worked from 6 a.m. to 2 p.m., although a schedule was posted near where he signed in for work, and he was expected to check it regularly. Throughout his employment, Morgan had a poor attendance record, and MGH claims that it could have terminated his employment for that reason, although there is no allegation that his attendance record was actually a factor in his discharge.

In 1974, Morgan and several other employees became interested in forming a union, but their most active organizing effort was not until 1981-1982. By the end of 1983, most of the union activity had ended, and, in any event, Morgan did nothing for the union after 1983. Morgan has stated that he does not know of any employee who was fired for union activity.

In early December, 1984, a hispanic male (hereafter referred to as "co-worker") began working in Morgan's department. Morgan was assigned to "show him the ropes." Morgan alleges that by December 5, 1984, he became aware, or at least believed, that the co-worker was a homosexual, because of sexual comments that the co-worker made to him in the restroom. Sexual harassment forms the basis for Morgan's Title VII claim.

On or about December 11, 1984, Morgan and another employee, Robert Peterson, bought alcoholic beverages during their lunch break, drank the beverages, and then went inside the Hospital, where they were joined by the co-worker. While the three employees were in the lobby, Peterson asked the co-worker if he was a homosexual, and a verbal argument ensued. The co-worker reported the incident to a supervisor, Michael Picardo. Picardo investigated the complaint by talking with both Peterson and Morgan. Morgan did not, at that time, report sexual harassment to Picardo, nor did he complain when no action was taken. Peterson was subsequently suspended.

At a Christmas party on December 20, 1984, Morgan alleges that he was sexually harassed. He claims that the co-worker asked him to dance with him, and started to "pull on him." Shortly thereafter, Morgan left the party. The next day, Morgan told his supervisor, Agnes Phillips, about the Christmas party incidents. He also told her that the co-worker sometimes stood behind him as he was mopping, causing him to bump into the co-worker. Phillips told Morgan that she would discuss the matter with her supervisor, Winthrop Huyghue.

Since Huyghue was not at work that day, Phillips and another supervisor examined the posted work schedule and determined that Morgan and the co-worker were not scheduled to work together again until December 26th. Thus, they decided to defer action until that time. She explained this to Morgan. On December 24, 1984, Phillips told Huyghue that Morgan had threatened to "punch out" the co-worker if the Hospital failed to take action, and that she had told Morgan that fighting was grounds for dismissal.

On December 24, 1984, Morgan reported for work, erroneously believing that he had to work that day. After being told that he was not scheduled to work, he left the Hospital through the Fruit Street door, where he encountered the co-worker. According to Morgan, the co-worker was walking towards him with his hand raised to the level of Morgan's groin. Morgan claims that he raised his hand to block the co-worker's hand, and, in so doing, struck the co-worker. The co-worker was treated for three fractures in his face. Morgan is 6'2" and weighs about 280 pounds; the co-worker is 5'5" and weighs about 138 pounds. In contrast to Morgan's assertions, the co-worker claims that he met Morgan in the corridor of the hospital, and that Morgan asked him to step outside. The co-worker alleges that Morgan then struck him without provocation.

Huyghue met with the co-worker, and then met with the Hospital's Employee Relations Office, which recommended that the matter be investigated further. Morgan was placed on investigatory suspension, with pay. Huyghue then met with Morgan on December 25th. Morgan was subsequently fired, because, according to Huyghue, there was no substantiated evidence that Morgan's allegations were true, and even if they were, they did not justify an assault. Furthermore, Huyghue contends that Morgan should not have disregarded Hospital policy, and that there was evidence that the assault was premeditated.

After being informed of his termination, Morgan submitted a grievance statement to the Grievance Committee. In his statement, Morgan alleged only suggestive mannerisms on the part of the co-worker, and made no claim that termination was based on his race, past union or other Hospital activities, and/or complaints of other sexual harassment. After a hearing, the Committee determined that the assault was clearly work-related and was unwarranted, and recommended that the termination be sustained.

II. PROPRIETY OF ENTERING SUMMARY JUDGMENT

It is well established that, on appeals from summary judgment, this Court will view the facts in the light most favorable to the non-movant, in this case to Morgan, and indulge in all reasonable inferences favorable to him. E.g., King v. Williams Industries, Inc., 724 F.2d 240, 241 (1st Cir.), cert. denied, 466 U.S. 980, 104 S.Ct. 2363, 80 L.Ed.2d 835 (1984); Metropolitan Life Insurance Co. v. Ditmore, 729 F.2d 1, 4 (1st Cir.1984); Hahn v. Sargent, 523 F.2d 461, 464 (1st Cir.1975), cert. denied, 425 U.S. 904, 96 S.Ct. 1495, 47 L.Ed.2d 754 (1976). Because, after careful review, we can discern no genuine issue as to a material fact, we find that the decision of the district court granting summary judgment was proper. Fed.R.Civ.P. 56(c). We analyze each issue as to which summary judgment was granted seriatim.

A. Morgan's Discrimination Claims

In cases alleging discriminatory firing, plaintiffs initially have the burden of establishing a prima facie case of racial discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). If this procedural bulwark is successfully surmounted, the gauntlet is then passed to the defendant to articulate a legitimate, nondiscriminatory reason for the plaintiff's dismissal. Id. at 802-03, 93 S.Ct. at 1824. If defendant is successful in doing so, the plaintiff is then charged with the responsibility of proving that defendant's stated reason is only a pretext concealing an underlying racially discriminatory motivation. Id. at 804, 93 S.Ct. at 1825.

Here, we will assume, without deciding, that Morgan met his prima facie burden, noting only that "a reviewing court 'need not linger long over the question of whether [the plaintiff] in fact established a prima facie case' if the defendant has met its burden of articulating a legitimate non-discriminatory reason for its actions." Johnson v. Allyn & Bacon, Inc., 731 F.2d 64, 70 (1st Cir.), cert. denied, 469 U.S. 1018, 105 S.Ct. 433, 83 L.Ed.2d 359 (1984) (quoting Sweeney v. Research Foundation of State University of New York, 711 F.2d 1179, 1184 (2d Cir.1983)) (cited in Oliver v. Digital Equipment Corp., 846 F.2d 103, 107 (1st Cir.1988)). See also United States Postal Service Bd. of Governors v. Aikens, 460 U.S. 711, 715, 103 S.Ct. 1478, 1481, 75 L.Ed.2d 403 (1983). As discussed below, we believe that MGH has successfully articulated such a reason. Consequently, the dispositive question is simply whether plaintiff has raised an issue of fact concerning whether the non-discriminatory reason articulated by defendant is a pretext concealing an underlying racially discriminatory motivation.

1. Articulation of Non-Discriminatory Reason for Discharge

Under McDonnell Douglas, MGH is not required to demonstrate that its actions were in fact motivated by a nondiscriminatory reason, but instead must show only that a legitimate reason existed. "Defendant's burden is one of production, not persuasion. It must only articulate a valid reason." Oliver v. Digital Equipment Corp., 846 F.2d at 108....