Goostree v. State of Tenn.
| Decision Date | 17 July 1986 |
| Docket Number | 84-5869,Nos. 84-5752,s. 84-5752 |
| Citation | 796 F.2d 854 |
| Parties | 42 Fair Empl.Prac.Cas. 1154, 40 Empl. Prac. Dec. P 36,293, 5 Fed.R.Serv.3d 447 Sarah M. GOOSTREE, Plaintiff-Appellant (84-5752), Plaintiff-Appellee (84-5869), v. STATE OF TENNESSEE, et al., Defendants, Montgomery County, Tennessee, Defendant-Appellant (84-5869), Montgomery County Quarterly Court, et al., Defendants-Appellees (84-5752). |
| Court | U.S. Court of Appeals — Sixth Circuit |
Stafford McNamee, Jr. (argued), Bass, Berry and Sims, Henry Haile, Nashville, Tenn., for Montgomery County, Tenn., Montgomery County Quarterly Court, et al.
Callis L. Childs (argued), Conway, Ark., for Sarah M. Goostree.
Before ENGEL, CONTIE and RYAN, Circuit Judges.
Sarah M. Goostree, plaintiff, and Montgomery County, Tennessee, defendant, appeal from orders of the district court entering judgment in favor of defendants on Goostree's complaint alleging sex discrimination in violation of Title VII, 42 U.S.C. Sec. 2000e et seq., and the civil rights statutes, 42 U.S.C. Secs. 1983, 1985, and denying defendant's motion for costs. For the reasons that follow, the judgment of the district court is affirmed in part and reversed in part.
On September 6, 1978, Sarah M. Goostree filed a complaint against the State of Tennessee, Montgomery County, the Montgomery County Quarterly Court, the Court Nursing Home Committee, Arthur Hunt, Mercer McKinney, Lorenza Collier, George Watson, William O. Beach, Mike Allen, Raymond F. Jarrell, and Don R. Van Meter asserting jurisdiction pursuant to 28 U.S.C. Secs. 1331, 1343(a)(3), 42 U.S.C. Secs. 1983, 1985(3). Hunt, McKinney and Collier were members of the Quarterly Court and nursing home committee, over which Beach presided. Watson was administrator for the Tennessee Board of Licensure of Health Care Facilities. Allen was the personnel director of Montgomery County. Jarrell was the administrator of the Montgomery County Nursing Home for twenty years prior to the events giving rise to this action. Don Van Meter was an assistant administrator at the home under Jarrell, and was appointed to replace Jarrell. In Count I, Goostree alleged that she was told by Jarrell, when she inquired about the administrator's position at the nursing home, that "the Administrator should be a man, and, further, that he was at that time training a man for the job." Goostree alleged that the selection process was discriminatory in violation of the Fourteenth Amendment and 42 U.S.C. Sec. 1983. In Count II, Goostree alleged violation of 42 U.S.C. Sec. 1985(3), and, in Count III, alleged violation of 42 U.S.C. Sec. 1986. Counts IV through VI alleged pendent state claims. On February 22, 1979, the district court dismissed the State of Tennessee and George Watson from the case. Defendant Collier was also dismissed from the case with prejudice.
Trial was held in December 1980 at which the following testimonial and documentary evidence was adduced.
The advertisement for the administrator position ran in the August 2, 1977 Clarksville Leaf Chronicle and indicated applications would be accepted until August 12. The ad read:
Applicants must possess or be in the process of obtaining an Administrator's license from the State of Tennessee. This position requires top administrative and supervisory ability. Experience in nursing home or hospital administration desired.
Don Van Meter's letter of July 19, 1977 to George Watson indicated "[i]t was the intention of the facility and myself, at the time of employment, to train me to replace the present administrator." The remainder of the letter reflects Van Meter's belief unequivocally that he would be the next administrator and that he was seeking permission to be licensed temporarily on behalf of the committee. On September 2, after Van Meter's call of September 1, Watson wrote that "[t]he Board of Licensing Health Care Facilities will accept an interim administrator, who is pursuing the obtaining of a license for a reasonable time provided the nursing home continues to operate in a satisfactory manner."
The minutes of the July 21, 1977 committee meeting attended by Hunt and McKinney set out the following five guidelines for hiring a new administrator.
1. Possess or be in the process of obtaining a Nursing Home Administrator License from the State of Tennessee.
2. Possess or be in the process of obtaining a Water and Waste Water License from the State of Tennessee.
3. Ability and experience in Nursing Home Administration. (Accounting and budgeting procedures, supervision of personnel, hiring and terminating personnel, maintaining federal and state nursing home standards, bids and contracts procedures.)
4. Knowledge in plant maintenance, to assist and advise maintenance personnel in plant maintenance.
5. Provide security for the Nursing Home at all times.
The August 18 minutes indicate that the committee reviewed the five applications for the job, and McKinney moved that three be selected for interview. Goostree, Slaughter, and Van Meter were selected. At the August 25 meeting Goostree and Van Meter were interviewed, and two voted for Van Meter, and one for Goostree. On September 7, after voiding the selection of Van Meter, the committee interviewed Goostree, Van Meter, and two other candidates, and selected Van Meter unanimously. At the September 29 meeting, the committee agreed to employ Jarrell as consultant for three months and to enlarge the administrator's home to accommodate Van Meter's family.
A roster of the home's employees effective September 7, 1977, indicated that only ten percent (6 of 65) of the employees were men. Of course, men, Van Meter and Jarrell, held the two highest paying positions at the home.
Michael Allen, assistant to Judge Beach, testified that he told the nursing home committee that Goostree had reported that she was a licensed administrator in Tennessee and had given Allen her license number. Allen indicated that the newspaper advertisement for the position had been published on August 2, with a deadline of August 12, for a position to be open on October 1. The time lag between the deadline and opening of the position was to allow time to decide on a candidate. Allen recalled that the retention of Jarrell as consultant was discussed at a September 7 meeting regardless of who served as administrator. Allen testified that "until he [Van Meter] had actually been issued his license there would have to be an interim administrator, someone with a license who would serve on one or two days a week, something like that, as a requirement to fill the regulation that requires a licensed administrator." Allen testified that this would be similar to a consultant. Allen testified that the opinion at the September 7 meeting was that if the new administrator was not yet licensed, "a consultant would be mandatory," but that a consultant would be a good idea even if the administrator was licensed. Allen was told by Van Meter that Van Meter had been cleared by the state to serve as administrator without a license in July 1977. Allen testified that further investigation into the state licensing requirement was precluded by George Watson's letter indicating that the state would not oppose a temporarily unlicensed administrator.
Donald E. Bankey testified that he applied for the administrator's position and was interviewed. Bankey testified that Jarrell had indicated that he was grooming his assistant for the administrator's job.
Judge Beach testified that Van Meter was the best applicant. Each interview on September 7 was about thirty minutes and all applicants were asked the same questions. Beach indicated that he told Goostree that he did not think that the committee would necessarily want a man for the job. At the interview, Van Meter informed the committee of the letter from the state and that he could serve as administrator until he received his license. Beach testified that he was unsure whether it was mandatory to have Jarrell as a consultant prior to issuance of Van Meter's license.
Lorenza Collier, a member of the nursing home committee, testified that she believed the guidelines developed by Hunt and McKinney for hiring a new administrator were good, but that having a license by October 1 was not essential. Collier never heard anything said about the administrator's job being a man's job. Collier initially voted for Goostree at the first selection, but changed her vote after the second interview to make Van Meter's selection unanimous. Collier had moved at the August 30 meeting that the selection of Van Meter be set aside and that reinterviews be made. Collier also testified that on September 7 she was unaware that Jarrell would be a consultant.
Lawrence Edge, an assistant administrator at the nursing home, testified that Jarrell told him that a woman could not run the nursing home.
Plaintiff Goostree testified that in May 1977 she contacted Jarrell about the administrator position at the home and was told that a man was needed for the job because the home was in a rural area and that Jarrell was training a man for the job. Goostree contacted Hunt and was encouraged to meet other members of the committee and express her interest in the job. Goostree talked to Mercer McKinney who assured her that there was no politics involved in the administrator decision. Goostree did not talk to Collier, but talked to Beach who assured her that the process would be conducted fairly.
Goostree testified that when she learned that Van Meter had been selected she went to see Beach because she knew Van Meter did not have a license. Beach told Goostree he would ask the committee to set aside the selection and reinterview. Goostree testified that she then heard that Van Meter had received permission to serve as administrator until he was licensed. Goostree, who had served as a nursing home administrator in Louisiana, testified that the committee's...
To continue reading
Request your trial
-
Washington v. Chao
...preselection is based on the qualifications of the party and not on some basis prohibited by Title VII'") (quoting Goostree v. Tennessee, 796 F.2d 854, 861 (6th Cir.1986)); Howze v. Adams, 689 F.Supp. 20, 25 (D.D.C. 1988) ("A plaintiff cannot meet his ultimate burden by proof by simply show......
-
Pearsall v. Holder
...basis prohibited by [the anti-discrimination laws]." Nyunt v. Tomlinson, 543 F.Supp.2d 25, 39 (D.D.C.2008) (quoting Goostree v. Tennessee, 796 F.2d 854, 861 (6th Cir.1986)). As discussed below, Mr. Pearsall offers no evidence from which a reasonable factfinder could conclude that Dr. Scheid......
-
George v. Youngstown State Univ.
...(holding that irregularities in the interview process and a "pre-rejection" of the applicant can support pretext); Goostree v. Tennessee , 796 F.2d 854, 861 (6th Cir. 1986) ("Evidence of preselection operates to discredit the employer's proffered explanation for its employment decision.").F......
-
Jeffries v. Barr
...F.3d 541, 547 (9th Cir. 1998) ("[O]nly preselection based on discriminatory motives violates Title VII." (citing Goostree v. Tennessee , 796 F.2d 854, 861-62 (6th Cir. 1986) ). Moreover, DOJ's selection of Randolph – a biracial African-American/Caucasian male, arguably in the "same protecte......