Hanna v. Boys and Girls Home and Family Services
| Decision Date | 09 July 2002 |
| Docket Number | No. C01-4029-MWB.,C01-4029-MWB. |
| Citation | 212 F.Supp.2d 1049 |
| Parties | Diana Lynn HANNA, Plaintiff, v. BOYS AND GIRLS HOME AND FAMILY SERVICES, INC., Boys and Girls Home Residential Treatment Centers, Inc., and Boys and Girls Home of Nebraska, Inc., Defendants. |
| Court | U.S. District Court — Northern District of Iowa |
Stanley E. Munger, Jay Elliott Denne, Munger, Reinschmidt & Denne, Sioux City, IA, for plaintiff.
Patrick M. Flood, Hotz, Weaver, Flood & Breitkreutz, Omaha, NE, for defendants.
TABLE OF CONTENTS
I. INTRODUCTION .................................................... 1052
A. Procedural Background ........................................ 1052
B. Factual Background ........................................... 1053
II. LEGAL ANALYSIS .................................................. 1055
A. Standards For Summary Judgment ............................... 1055
1. Requirements of Rule 56 ................................... 1056
2. The parties' burdens ...................................... 1056
3. Summary judgment in employment discrimination cases ....... 1057
B. Hanna's Sexual Harassment Claim — Hostile Work Environment ... 1058
1. Effect on employment ...................................... 1060
2. Prompt remedial action requirement ........................ 1062
C. Retaliation Claim ............................................ 1065
1. Adverse employment action ................................. 1067
2. Causal connection ......................................... 1067
III. CONCLUSION ..................................................... 1069
On March 22, 2001, plaintiff Diana Lynn Hanna ("Hanna") filed a complaint against her former employer, defendant Boys and Girls Home and Family Services, Inc., Boys and Girls Home Residential Treatment Centers, Inc., and Boys and Girls Home of Nebraska, Inc. (collectively, "Boys and Girls Home") alleging violation of 42 U.S.C. § 2000e et seq., commonly referred to as Title VII of the Civil Rights Act of 1964. In her complaint, Hanna alleges she was subjected to a sexually hostile work environment at the hands of her non-supervisory co-workers and that her employment was terminated in retaliation for engaging in protected activity to remedy the alleged sexual harassment.1 Boys and Girls Home answered Hanna's complaint on May 22, 2001, denying all of these claims.2
On April 22, 2002, Boys and Girls Home filed a motion for summary judgment on all counts. In its motion, Boys and Girls Home asserts Hanna cannot establish a prima facie case of sexual harassment by both her non-supervisory co-workers and supervisors because the alleged conduct did not rise to a level of severity or pervasiveness so as to alter her employment conditions and create an objectively hostile work environment. Boys and Girls Home contends that, even if the conduct was sufficiently severe or pervasive, it took proper remedial action entitling it to judgment as a matter of law. In addition, Boys and Girls Home, in its reply on May 20, 2002, to Hanna's resistance filed May 13, 2002, asserts that the allegedly hostile behavior of co-workers and supervisors, other than one Cornell Lowery ("Lowery") for purposes of this motion, were not based on her sex. Boys and Girls Home further argues that, even if Hanna is able to make out a prima facie case of retaliation, it is entitled to summary judgment because Boys and Girls Home terminated Hanna's employment for a legitimate, nondiscriminatory reason. Before discussing the standards for Boys and Girls Home's motion for summary judgment, the court will first examine the factual background established by the summary judgment record.
The following facts are either undisputed or viewed in the light most favorable to plaintiff Hanna as the nonmoving party. Hanna began working as a residential guidance counselor for conduct disorder male adolescents on April 3, 2000, at Boys and Girls Home's Elkhorn, Nebraska Unit until Boys and Girls terminated her employment on June 27, 2000. Hanna claims that, approximately two weeks after she started working for Boys and Girls Home, a co-worker, Cornell Lowery, also a residential guidance counselor, began directing sexual advances and gestures towards her. Hanna claims that in April of 2000, Lowery approached her in a hallway, grabbed the cheeks of his buttocks and simultaneously thrusted his groin at her. As Lowery did this, Hanna claims he stated Deft.'s App., at 0027; Dep. Hanna, at 32:18-20. The second alleged incident occurred the following day. Lowery continually commented, in the presence of clients, about Hanna's appearance and the black jeans she was wearing. In addition, Lowery proceeded to make remarks such as "Oooh, look at that girl go, oooh." Deft.'s App., at 0029; Dep. Hanna, at 34:12-16. Hanna repeatedly implored Lowery to leave her alone throughout their shift.
On or around April 27, 2000, Hanna verbally complained to her supervisor at Boys and Girls Home, Nicki Decker ("Decker"), that Lowery was subjecting her to unwelcome sexual conduct. Thereafter, Hanna claims, over the course of one week, Lowery continually commented about her clothing, such as a blouse she wore, and the way she walked. According to Hanna, Lowery told her she was strutting in such a way that indicated to him that Hanna wanted him. Hanna attempted to inform Decker about Lowery's behavior, but Decker merely told Hanna that she had spoken with Lowery the "other day" and the conduct should come to a halt.
On another occasion, Hanna complains Lowery approached her in the parking lot outside the building of Boys and Girls Home and offered to give her a ride home. Hanna refused, and when Lowery saw Hanna's male friend arrive to pick her up. Lowery commented about his picking her up and inquired whether or not the man was her boyfriend. Thereafter, Hanna asked Lowery to leave her alone and to stop flirting with her. Hanna claims Lowery did not cease. To support this contention, Hanna avers that Lowery continued to make rude comments at work, put her down, insult and degrade her. Pltf.'s App., at 05; Dep. Hanna, at 53:1-4. Hanna alleges further that one Saturday morning, when Hanna worked a fifteen hour shift with Lowery, in the presence of all of the clients, Lowery remarked Pltf.'s App., 07; Dep. Hanna, at 66:23-25 to 67:1-5.
While this alleged pattern of sexual harassment directed at Hanna by her co-worker, Lowery, transpired over the course of a two-week period, Hanna argues the sexual harassment continued to a lesser degree for a longer period of time. In particular, Lowery would approach Hanna and act interested in the brand of shirt she was wearing, telling her to "come here," trying to create the appearance that he was looking at her shirt when really, he would "[l]ook right at my shirt but not really at my shirt." Deft.'s App., at 0033; Dep. Hanna, at 38:11-16. In addition, Lowery began to retaliate against Hanna for reporting his unwelcome sexual advances to Boys and Girls Home. Lowery confronted Hanna the day after his alleged meeting with Decker and yelled at Hanna, accusing her of "tattling" on him. On May 15, 2000, Hanna verbally reported to Decker that Lowery confronted her regarding Hanna's prior reports to Decker, and further that, Lowery had begun to retaliate against her. The alleged retaliatory actions included Lowery's challenging Hanna's authority in front of Boys and Girls Home clients. For instance, Hanna claims that when she would place a client in time-out, Lowery would, in turn, pull him or her out of the time-out. Generally, Hanna felt Lowery was singling her out. Deft.'s App., at 0030-31. Hanna alleged other incidents of sexual harassment and rude remarks by Lowery at this same meeting as evidence that, although the sexual advances and gestures lessened after Lowery learned that Hanna reported his unwelcome conduct to Decker, Lowery did not desist from harassing Hanna but embarked on a new wave of unwelcome conduct. Deft.'s App., at 0046-47; Dep. Decker, 28:3-6, 29:7-14. In response to Hanna's report of May 15, 2000, supervisor Decker issued a performance warning to Lowery on May 24, 2000.
On June 12, 2000, Hanna informed Decker that her working situation with Lowery had improved. However, Hanna claims Lowery continued to retaliate against her by inciting other co-workers to imitate Lowery's behavior and exhibit the same kind of hostility towards Hanna. Hanna claims that her co-worker, Jason Palsma, contributed to the hostile work environment by participating with Lowery in joking and kidding around during their shifts with Hanna and then leaving her alone to handle their unit. Lastly, Hanna claims a co-worker by the name of Camillia exhibited the same kind of hostility toward Hanna by imitating Lowery's practice of undermining Hanna's authority and correcting her in front of Boys and Girls Home clients.
Hanna's final report of the allegedly harassing conduct was made on June 21, 2000. Hanna initiated the meeting with supervisory personnel, Decker, Jodi Mattson, and Roger Bentz, to discuss Lowery's conduct. Deft.'s App., at 0048; Dep. Decker, at 38:10-16. Hanna explained to the supervisors present the incidents as she had reported them previously, as well as Lowery's retaliatory conduct toward her and its effect on her ability to work, the most damaging of which was the male clients ceasing to respect and treat Hanna as an authority figure. Pltf.'s App., at 44:19-25 to 45:1-4. Interestingly, earlier that same day, Lowery...
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