Bowen v. Missouri Dept. of Social Services
| Decision Date | 02 December 2002 |
| Docket Number | No. 01-3999.,01-3999. |
| Citation | 311 F.3d 878 |
| Parties | Wanda L. BOWEN, Appellant, v. MISSOURI DEPARTMENT OF SOCIAL SERVICES, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Larry Bagsby, argued, St. Charles, MO, for appellant.
Paul M. Rauschenbach, argued, St. Louis, MO, for appellee.
Before RILEY, BEAM, and MELLOY, Circuit Judges.
Wanda L. Bowen (Bowen), a white female, worked as a case worker with the Missouri Department of Social Services (DSS). Bowen resigned after complaining she was subjected to a racially hostile work environment. Bowen thereafter filed a Title VII lawsuit against both the DSS and the Missouri State Workers' Union (SWU), alleging a racially hostile work environment, retaliation, and constructive discharge. The DSS and SWU filed motions for summary judgment, which the magistrate judge, sitting by consent, granted. Bowen appeals the grant of summary judgment in favor of the DSS on her racially hostile work environment claim. Reviewing the grant of summary judgment de novo and applying the same standards as the district court, Woodland v. Joseph T. Ryerson & Son, Inc., 302 F.3d 839, 841-42 (8th Cir.2002), we reverse.
From May 1997 through May 1999, Bowen worked as a case worker for the DSS. Upon hire, the DSS assigned Bowen to work in its midtown office in the City of St. Louis. Bowen's immediate supervisor was Francine Lee (Lee), an African-American. Bowen alleged Lee failed to provide her with training or supplies, and treated her harshly.
Early in her employment Bowen heard multiple co-workers comment that Lee did not like white people. By July 1997, Bowen believed Lee had been harsh with her and after a particular exchange over case-loads, Lee suggested, and Bowen requested, a transfer to a different supervisor.
Upon learning she was being transferred, Bowen asked Lee what she should do with her assigned case files. Lee responded, Bowen then entered the office of Ann Dintlemann (Dintlemann)1, Lee's supervisor, who is white. Bowen asked what she should do with her assigned files. While Bowen was in Dintlemann's office, Lee entered and said, Turning to Dintlemann, Lee said,
Upon leaving the office that evening, Bowen told Lee, "Good night, Francine." In a loud, threatening voice, Lee responded, "You kiss my ass, you white bitch!" Moving near Bowen, Lee warned, "You better move on out `cause I'm on my own time now." Within two days, Bowen filed a written grievance complaining of Lee's "hateful and threatening remarks." The DSS did not discipline Lee.
Bowen was transferred to another African-American supervisor, Judith Watts (Watts). Bowen retained her case worker position and continued to work on the same floor in close proximity to Lee. On a near daily basis, Lee directed hostile stares at Bowen.
In early January 1999, Bowen brought a pound cake to work to share with co-workers. When Lee discovered Bowen had brought the cake, Lee threw it on the floor and said, "Oops," stepped on it and again said, "Oops." Lee told Bowen's co-worker, "You can damn well tell her that I did it." Bowen filed a grievance complaining of the cake incident.
About this same time, Bowen also filed a grievance against Dintlemann alleging Dintlemann feared her subordinate African-American supervisors, especially Lee. Bowen alleged that Dintlemann was an ineffectual department supervisor because she ignored and concealed open and obvious racial harassment perpetrated by African-American supervisors against white employees and consistently refused to discipline African-American supervisors for their discriminatory conduct.
One of Bowen's white co-workers, who also was the union steward, Earl Malin (Malin)2, testified Watts, Bowen's new supervisor, favored her African-American employees. According to Malin, Watts rated African-Americans higher in performance reviews and would not challenge their tardiness as she would white subordinates.
On January 21, 1999, Bowen and Watts engaged in a heated argument in Watt's office. The argument concerned whether Bowen had to verify client addresses before mailing letters from the DSS. Bowen claimed African-American caseworkers received preferential treatment and were not required to verify client addresses. When Bowen left the office, Watts entered another African-American supervisor's office, and Lee joined them. Returning to her workplace, Bowen overheard Watts complain, Bowen then heard Lee respond, "No, and you shouldn't have to, and someone should do something about that menopausal white bitch." Bowen looked directly at Lee, who gave Bowen a harsh look and declared, "Yes, I am talking about you." Lee continued, "But right now I'm going to take you outside and we will settle this once and for all." Lee began to run directly towards Bowen.
To avoid physical contact with Lee, Bowen retreated inside her work cubicle. Lee ran past Bowen's cubicle, turned around, and walked past Bowen's cubicle, but did not enter. Trembling, Bowen tried phoning security, but she could not find the number. A co-worker told Bowen, "Whatever you do, don't come out of that cube."
Bowen notified Dintlemann, Lee's boss, and Malin, the union steward. Dintlemann downplayed the incident. When Bowen told Dintlemann she intended to contact the police, Dintlemann responded that she did not believe the incident warranted police involvement. When Malin arrived, Bowen's voice was trembling and her face was red. Malin assisted Bowen in writing a grievance, which alleged Lee had harassed and threatened her for two and half years, and local management had refused to take effective measures to stop the harassment. Bowen requested the DSS provide her "a safe work environment ... where Ms. Lee is not permitted to threaten, harass & humiliate me." Malin then instructed Bowen to contact the police, and he escorted her to the parking lot.
Later that day Bowen returned to the DSS midtown office with two police officers. Bowen, Malin, and the police officers met with four of the DSS managers to discuss the incident. Bowen told Shirley Bell (Bell), the DSS personnel manager, she was "afraid to come in here and work." Bowen told Bell that her co-workers had overheard Lee threatening to shoot fellow employees. Bowen then asked Bell, "What guarantee do I have that [Lee] won't come up and shoot me in the back as she has threatened to?" Bell responded the DSS could not guarantee Bowen's safety.
The DSS recommended Bowen accept a transfer to the DSS Prince Hall office located in North St. Louis. A police officer present at the meeting told Bowen she would be worse off working in North St. Louis. Bowen told the DSS managers she wanted to remain working in the midtown office. Unable to reach an agreement, the DSS placed Bowen on paid administrative leave. The DSS allowed Lee to continue working as a supervisor in the midtown office.
Shortly thereafter, Bowen obtained a protective order against Lee in the Circuit Court of St. Louis City.
The DSS declined to accept Bowen's grievances relating to the January 21, 1999 incident and the earlier cake incident before completing an internal investigation. Over Bowen's objections, the DSS gave her a temporary work assignment at its Prince Hall office, but never told Bowen the duration of the assignment. Bowen worked at Prince Hall for one week during February 1999. Thereafter, Bowen took sick leave for stress and high blood pressure.
On April 29, 1999, the Director of the Family Services Division notified Bowen in writing that the division had completed its investigation of her unlawful treatment claims against Lee. The director informed Bowen the DSS had determined her claims against Lee were unsubstantiated, and advised Bowen the DSS would take no further action on her claims.
On May 3, 1999, Bowen resigned her position. In her letter of resignation, Bowen declared the work environment was "completely intolerable" and further declared that she could not and would not "risk [her] safety by returning to [her] former position."
In July 1999, the DSS gave Lee a five-day suspension for what the department deemed was "inappropriate behavior" towards Bowen. Immediately following the suspension, Lee retired.
Bowen sued both the DSS and the SWU. Bowen alleged racially hostile work environment, retaliation, and constructive discharge claims against the DSS, and a claim of race discrimination against the SWU. The DSS and the SWU both moved for summary judgment, which were granted. Bowen appeals only the court's grant of summary judgment on her racially hostile work environment claim against the DSS.
The magistrate judge found Bowen had failed to establish Lee's harassment affected "a term, condition, or privilege of employment" or that Lee's harassment of Bowen "was based on race." The magistrate judge determined the facts established "Lee had an extreme, intense dislike for" Bowen, but "[w]ithout some specific evidence that Lee's conduct directed toward [Bowen] was because [Bowen] was white," Lee's conduct toward Bowen did not rise to the level of a racially hostile work environment.
A. Hostile Work Environment
Title VII of the Civil Rights Act of 1964 prohibits an employer from discriminating "against any individual with respect to [her] compensation, terms, conditions, or privileges of employment, because of such individual's race ...." 42 U.S.C. § 2000e-2(a)(1). The Supreme Court has recognized Title VII is violated when discriminatory harassment is "sufficiently severe or pervasive to alter the conditions of the victim's...
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