Briggs v. Univ. of Cincinnati

• Decision Date: 26 August 2021
• Docket Number: No. 20-4133,20-4133
• Citation: 11 F.4th 498
• Parties: Lee BRIGGS, Plaintiff-Appellant, v. UNIVERSITY OF CINCINNATI, Defendant-Appellee.
• Court: U.S. Court of Appeals — Sixth Circuit

11 F.4th 498

Lee BRIGGS, Plaintiff-Appellant,

v.UNIVERSITY OF CINCINNATI, Defendant-Appellee.

No. 20-4133

United States Court of Appeals, Sixth Circuit.

Argued: June 10, 2021

Decided and Filed: August 26, 2021

ARGUED: Katherine Daughtrey Neff, FREKING MYERS & REUL LLC, Cincinnati, Ohio, for Appellant. Michael J. Hendershot, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee. ON BRIEF: Katherine Daughtrey Neff, FREKING MYERS & REUL LLC, Cincinnati, Ohio, for Appellant. Michael J. Hendershot, Benjamin M. Flowers, OFFICE OF THE OHIO ATTORNEY GENERAL, Columbus, Ohio, for Appellee.

Before: MOORE, CLAY, and STRANCH, Circuit Judges.

JANE B. STRANCH, Circuit Judge.

Lee Briggs, a Black man, worked as a compensation analyst for the University of Cincinnati (UC) Human Resources department. In July 2013, the HR department hired Cassandra Wittwer, a Caucasian woman, in the same position but at a much higher salary than Briggs. Over the next several years, Briggs's pay stagnated while Wittwer's rapidly increased. Briggs contends that after he submitted a claim of discrimination, UC retaliated by revising a job posting for which he had been encouraged to apply so that he was no longer eligible. Briggs sued UC, asserting claims of wage discrimination on the basis of race and sex, and retaliation for filing his complaint. The district court granted UC's motion for summary judgment. Because there remain genuine disputes of material fact as to Briggs's claims, we REVERSE.

I. BACKGROUND

A. Factual Background

The facts are presented in the light most favorable to Briggs. Matsushita Elec. Indus. Co. v. Zenith Radio Corp. , 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

In November 2011, Briggs, having previously worked in two other benefits departments, began working as a Benefits Generalist in UC's HR Department, with a starting salary of $39,000. In October 2013, he became a Compensation Analyst, reporting to Ken Stidham, Director of Compensation, and his salary increased to $43,000. Briggs received a two percent across the board annual raise in each of the two subsequent years, and by the summer of 2015 he was earning $44,737.20 per year.

That July, Stidham and the interim chief HR officer, Peg Buttermore, hired Cassandra Wittwer, a Caucasian woman, as a Compensation Analyst. Wittwer had no prior compensation experience; she had been working at UC's College-Conservatory of Music (CCM), earning a salary of $48,066.48 per year. According to Stidham, the Compensation Analyst position was a promotion from Wittwer's previous position, and so university policy required HR to give her a minimum salary increase of 5 percent. Wittwer was ultimately hired at a salary of $53,000, a 10.2 percent increase over her previous salary. Various explanations have been provided for that starting salary: in an affidavit submitted during this litigation, Stidham said it was because Wittwer "came with outstanding recommendations" from CCM and from others in Human Resources, and that after an interview, he was "very impressed by her." At his deposition, Stidham said he "believe[d]" Wittwer had said she would not leave her previous position unless HR offered her $53,000. Stidham testified that he knew there was a significant gap between Wittwer and Briggs's salaries, but he could not close the gap because of the HR Department's budget; instead, he planned to revisit Briggs's salary later.

In August 2015, Tamie Grunow joined the department as the Senior Associate Vice President & Chief Human Resources Officer. In September 2015, recognizing the gap between his and Wittwer's salaries, Briggs submitted to Stidham a request for an "equity adjustment" to his pay pursuant to UC policy. The policy provides that the "Compensation Department has the responsibility to ensure the maintenance of internal pay equity within the internal (UC) and external (industry) market." And an "employee's overall performance rating and scope of responsibility in addition to budget, internal and external market and current placement in salary range may have a direct impact on his/her salary and the ability to receive a salary equity review and adjustment." Under the policy, an employee has the right to seek a "pay equity study" by submitting a written request; the Compensation Department must then "conduct a review, consult with appropriate authority and issue a written determination."

Stidham took the request to Grunow, explaining that he believed Briggs's salary was very low compared to internal and external equivalents. According to Stidham, Grunow did not initiate a review of Briggs's pay, but simply responded "we'll see." Stidham raised Briggs's request for pay equity again at a follow-up meeting; Grunow said she would think about it. Two years later, after Briggs brought his complaint of discrimination, Grunow stated in e-mails that the equity increase had not been supported based on performance concerns raised by Stidham. But at his deposition, Stidham denied having told Grunow he did not support the equity increase due to performance and denied Grunow ever told him that she did not support the equity increase.

In June 2016, Briggs received an "Inconsistent" rating for the 2015–16 budget year. The review contained a mix of positive and constructive feedback. Wittwer received a rating of "Exceeds expectations" and positive feedback. In an e-mail in June 2016 to Grunow explaining Briggs's rating, Stidham said that Briggs "wants to do well and has made strides within the last two (2) months," but because the evaluation was for the entire year, Stidham felt he needed to rate him as "inconsistent." Still, he fully expected that Briggs would "continue to make strides and be meeting expectations by the time we meet for our mid-year reviews."

That fall, Grunow solicited bonus recommendations. Stidham requested a 2.5 percent bonus for Wittwer for exceptional performance, and a 2 percent bonus for Briggs for performing well for most of the year and being instrumental to a FLSA project. When Grunow responded that bonuses were available only to employees who achieved a "Meets expectations" rating, Stidham requested that Grunow consider awarding one to Briggs anyway, explaining that Briggs had received an "inconsistent" because he had been graded on the whole year. Stidham explained that if he looked at what Briggs "has done from January until now, he meets expectations ... [he] has done tremendously better over the last 10 months ... there is simply no way I could have finished the FLSA project in the fashion we did without his help." Ultimately, Briggs received a $500 bonus, the lowest in the department; other HR employees received bonuses ranging from $800 to $4,000. Wittwer received a bonus of $1,200. Around the same time, Wittwer received a new job title, Compensation and HR Operations Analyst, although her base pay and responsibilities remained the same.

In June 2017, Briggs received a rating of "Meets expectations," with positive feedback, while Wittwer received a rating of "Meets+" expectations. That summer, the executive director of HR left the department, and Grunow decided to use the savings to reclassify several employees and increase their salaries. Wittwer was among those reclassified and was designated Compensation & HR Operations Lead in September 2017, with an associated 7 percent salary increase. According to Briggs, none of the individuals who were purportedly reclassified are male, and only one is Black. Briggs was not reclassified, but after he put in an equity request in August 2017, he received an adjustment of 3.3 percent, bringing his salary to $48,110.40. He contends, however, that he, along with two other employees, received the lowest raise among the HR employees who were subject to the reorganization. In October 2017, Briggs received a 2 percent bonus of $962, while Wittwer received a 3 percent bonus of $1,700.

In November, Wittwer was reclassified to HR Application Specialist, a non-compensation role, and her salary was increased to $62,055. After Wittwer's departure from the compensation section, the HR Department decided to "backfill" her role with a senior compensation analyst. Stidham discussed the proposed job posting with Briggs, encouraging him to apply and assuring him that he met the qualifications for the position.

On November 6, Stidham e-mailed Grunow a proposed job description for the senior analyst position with the following minimum qualifications and a proposed pay grade of 16: "Bachelor's degree with three (3) years of experience; -OR- Associates’ degree with five (5) years of experience; -OR- seven (7) years of related experience. Experience should be in Compensation and current analytical technology." The next day, November 7, Grunow responded that the description looked "good," but asked for the phrase "should be" to be removed "as we want compensation experience required."

On November 8, 2017, Briggs e-mailed Grunow his complaint of discrimination. In the document, he pointed out several salary and bonus disparities between him and his colleagues and noted that other employees had been reclassified without having to apply, while he was being asked to apply formally to the senior compensation analyst position. The next day, Stidham testified, Grunow came to his office to ask "why [he] was not addressing [the] concerns that were included in the e-mail." She also asked whether Stidham had told Briggs he would get the job; Stidham responded that he had encouraged Briggs to apply but had not promised him the job. According to Stidham, Grunow became angry, raised her voice, and walked out, slamming the door.

The same day, Grunow e-mailed Stidham asking for the history of Briggs's salary, including Briggs's request for an equity increase, and the rationale for the disparity between his and Wittwer's pay. Stidham provided a detailed response that evening. He recounted Briggs's salary history and explained that Wittwer's $53,000...