Das v. Ohio State University

• Court: U.S. District Court — Southern District of Ohio
• Writing for the Court: Marbley
• Citation: Das v. Ohio State University, 115 F.Supp.2d 885 (S.D. Ohio 2000)
• Decision Date: 04 October 2000
• Docket Number: No. C2-98-0045.,C2-98-0045.
• Parties: Rini DAS, Plaintiff, v. The OHIO STATE UNIVERSITY, Defendant.

115 F.Supp.2d 885

Rini DAS, Plaintiff, v. The OHIO STATE UNIVERSITY, Defendant.

No. C2-98-0045.

United States District Court, S.D. Ohio, Eastern Division.

October 4, 2000.

Elliot Tod Fishman, Fishman & Fey, Columbus, OH, for Plaintiff.

Keith W. Schneider, Columbus, OH, for Defendant.

OPINION AND ORDER

MARBLEY, District Judge.

I. INTRODUCTION

This matter is before the Court on the Defendant's Motion for Summary Judgment filed on August 4, 2000. The Plaintiff, Rini Das, alleges that the Defendant, The Ohio State University, discriminated against her on the basis of her national origin in violation of Title VII, 42 U.S.C. § 2000e, 42 U.S.C. § 1983 and Ohio Revised Code Chapter 4112. The Plaintiff further claims that she was discriminated against on the basis of her sexual orientation in violation of Ohio public policy. For the following reasons, the Defendant's Motion for Summary Judgment is GRANTED.

II. FACTS

A. Defendant's Facts

The Plaintiff, Rini Das, was hired by the Ohio State University Hospitals ("Ohio State") in July of 1995. Ms. Das a native of India, is not a United States citizen and, in addition, is a gay woman. In August of 1995, Ms. Das began working for Ohio State after she obtained a proper work visa. She was hired as a Clinical Quality Engineer in the Department of Clinical Quality Management. At the time she was hired, Ms. Das had experience in quality assurance, two master's degrees and a partial Ph.D. Kelly Scheiderer, the Director of the Department during Ms. Das's employment, interviewed and recommended hiring Ms. Das. Ms. Scheiderer reported to Ms. Gail Marsh, the Administrator for the Hospital.

Upon hiring Ms. Das, Ms. Scheiderer immediately noticed that Ms. Das used informal language and slang words in her communications with other employees. For example, Ms. Das would use words such as "hey," "jive-on," and would, for example, in written communications spell "because" "becoz." Ms. Scheiderer verbally counseled Ms. Das about her communication style, but that did not result in a change. Ms. Scheiderer also noticed that Ms. Das did not record accurately the minutes of meetings. For example, Ms. Das would confuse "a" with the word "several." Ms. Scheiderer would have to rewrite and correct the minutes on a regular basis.

Ohio State used the Performance and Commitment to Excellence ("PACE") evaluation system during Ms. Das's employment with the University. On her PACE evaluation, Ms. Scheiderer criticized Ms. Das for improperly delegating responsibilities; for her poor performance on tasks that did not interest her; for her inability to bring about results in Committees, and for the tone and manner in which she communicated with other employees including her manner of criticizing and interrupting co-workers.

Based on all of these factors, Ms. Das was given a poor PACE rating by Ms. Scheiderer. Ms. Scheiderer asked Ms. Marsh to review Ms. Das's PACE, but, instead, Ms. Marsh sent the matter to Lydia Migitz, one of the Hospital's Human Resource Administrators. Ms. Migitz ultimately concluded that Ms. Das either should be terminated or resign. Following her resignation, Ms. Das was not replaced; instead, her job duties were assigned to two other Quality Engineers working in the Department.

B. Plaintiff's Facts

Ms. Das's employment with Ohio State spanned approximately one year's time, from August of 1995 to August of 1996. Ms. Das continually received positive oral comments about her work, and in early August of 1996 was given a salary increase.

Ms. Das was the only Indian person out of sixty-five full-time non-clerical employees. Ms. Das was also the only foreign native and was one of two persons of color. Co-workers told her that she was being treated differently because of her national origin. Ms. Scheiderer would use the Plaintiff's pending application for permanent residency as a half-joking, half-threatening means of attempting to assert control over Ms. Das. Ms. Das was criticized for her English, as she speaks with a foreign accent and did not use "American English." On a number of occasions, at least two co-workers, including Ms. Scheiderer, mimicked Ms. Das's accent in front of her.

In addition, Ms. Das told her co-workers that she is gay. Ms. Das posted a rainbow flag in her office, and supervisors and co-workers knew that her life partner also worked for Ohio State.

Ms. Das claims that she was subject to cultural insensitivity. In December of 1995, co-workers arranged a "secret santa" gift exchange and a "guess the baby picture" contest to be conducted during an office holiday party. Ms. Das was raised in a country where religious holidays are not celebrated in the workplace and was uncomfortable with these activities. Ms. Das attempted to decline to participate. Ms. Das pointed out that because of her minority status, the baby picture contest was preposterous and would serve to put the spotlight on her. Ms. Das, however, was coerced into participating.

In April of 1996, Ms. Das displayed four cartoons from the "Black in America" issue of the New Yorker magazine. The cartoons were a satire of the status of race relations in American society. Within a few hours of posting the cartoons, Ms. Marsh told Ms. Das that the cartoons were "racially charged" and that she should not post them. When Ms. Das reported the incident to Ms. Scheiderer, Ms. Scheiderer told the Plaintiff to be "more tolerant" towards Ms. Marsh because she likes people "who are like her."

Gabrielle Reissland and Sally Betz are other employees at Ohio State. Both women expressed concerns to Ms. Das about cultural insensitivity. Ms. Reissland, legal counsel for Ohio State, stated in March or April of 1996 that "fat people, people of color, queers, and foreigners" are consistently treated in a discriminatory manner at Ohio State's Medical Center.

In mid-August of 1996, Ms. Das was called in for what she thought was going to be a routine annual review. At that meeting, she was confronted by Ms. Scheiderer and Ms. Migitz. Ms. Das was presented with an unsatisfactory PACE evaluation, and was told that she could either resign or be fired from her job. Ms. Das was troubled by the criticisms of her written communication style and her tone, and denies being disciplined or reprimanded for her written communications. Ms. Das was asked to adopt a more formal writing style, but she was never informed that such counseling amounted to disciplinary action. When Ms. Das was criticized for her "tone" at meetings, Ms. Das explained that this could be based on cultural bias. Ms. Das was also shocked because she had never been disciplined in any manner, nor had she been warned that her work was unacceptable. Ms. Das chose to resign so that she would not be deported from the country.

III. STANDARD OF REVIEW

Summary judgment is appropriate "[i]f the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law." FED. R.CIV.P. 56(c). The movant has the burden of establishing that there are no genuine issues of material fact, which may be accomplished by demonstrating that the nonmoving party lacks evidence to support an essential element of its case. See Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Barnhart v. Pickrel, Schaeffer & Ebeling Co., 12 F.3d 1382, 1388-89 (6th Cir.1993). In response, the nonmoving party must present "significant probative evidence" to show that "there is [more than] some metaphysical doubt as to the material facts." Moore v. Philip Morris Cos., 8 F.3d 335, 339-40 (6th Cir.1993). "[S]ummary judgment will not lie if the dispute is about a material fact that is `genuine,' that is, if the evidence is such that a reasonable jury could return a verdict for the non-moving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986) (concluding that summary judgment is appropriate when the evidence could not lead the trier of fact to find for the non-moving party).

In evaluating a motion for summary judgment, the evidence must be viewed in the light most favorable to the nonmoving party. See Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). The existence of a mere scintilla of evidence in support of the non-moving party's position will be insufficient; there must be evidence on which the jury could reasonably find for the non-moving party. See Anderson, 477 U.S. at 251, 106 S.Ct. 2505; Copeland v. Machulis, 57 F.3d 476, 479 (6th Cir.1995).

IV. ANALYSIS

A. National Origin Discrimination

The Plaintiff has brought claims for national origin discrimination under Title VII, 42 U.S.C. § 2000e; Ohio Revised Code Chapter 4112, and 42 U.S.C. § 1983.

1. Section 1983 Immunity

Ohio State argued that the Eleventh Amendment prevents the filing of a § 1983 against a State and state agencies, including Ohio State. The Plaintiff did not respond to this argument.

With few exceptions, the Eleventh Amendment of the United States Constitution prohibits individuals from suing States in federal court. See Mixon v. State, 193 F.3d 389, 396-97 (6th Cir.1999). The Eleventh Amendment, however, does not bar suits seeking prospective or injunctive relief. Wolfel v. Morris, 972 F.2d 712, 719 (6th Cir.1992); Bremiller v. Cleveland Psychiatric Inst., 879 F.Supp. 782, 787 (N.D.Ohio 1995) (citing Pennhurst State Sch. & Hosp. v. Halderman, 465 U.S. 89, 104 S.Ct. 900, 79 L.Ed.2d 67 (1984); Edelman v. Jordan, 415 U.S. 651, 667-68, 94 S.Ct. 1347, 39 L.Ed.2d 662 (1974); Ex Parte Young, 209 U.S. 123, 28 S.Ct. 441, 52 L.Ed. 714 (1908)). A university, as "[a]n arm of the State, is immune form suit under the Eleventh Amendment...." Johnson v....