Hemphill v. City of Wilmington

• Decision Date: 20 December 2011
• Docket Number: Civil Action No. 10–679.
• Citation: 813 F.Supp.2d 592
• Parties: Lisa A. HEMPHILL, Plaintiff, v. CITY OF WILMINGTON, et al., Defendants.
• Court: U.S. District Court — District of Delaware

813 F.Supp.2d 592

Lisa A. HEMPHILL, Plaintiff,

v.CITY OF WILMINGTON, et al., Defendants.

Civil Action No. 10–679.

United States District Court, D. Delaware.

Dec. 20, 2011.

Gary W. Aber, Aber, Baker & Over, Wilmington, DE, for Plaintiff.

Andrea Jeane Faraone Rhen, Krista Elizabeth Butler, City of Wilmington Law Department, Wilmington, DE, for Defendants.

MEMORANDUM OPINION

TIMOTHY R. RICE, United States Magistrate Judge.

Plaintiff Lisa A. Hemphill seeks various forms of equitable relief in the wake of a jury's finding that her employer, the City of Wilmington (“the City”), retaliated against her in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e et seq. The City objects to each of Hemphill's requests, arguing she is entitled to no relief at all, notwithstanding the jury verdict in her favor. Based on the remedial purpose underlying Title VII, I will grant Hemphill's motion.

I. BACKGROUND ¹

Beginning in 2004, Hemphill was an administrative assistant to the City's Chief of Police. That position was “appointed,” meaning she served at the pleasure of the mayor and would not be guaranteed a job if a new mayor were elected. Wishing to continue her employment with the City, but hoping to transfer to a “merit” position that would outlast any changes in administration, Hemphill applied and was selected for a supervisory position in October 2007. Her new role—Constituent Services Supervisor (“CSS”)—provided the job security she desired, as well as a salary increase. As CSS, Hemphill supervised daily operations in the Call Center at the Department of Public Works, where four Constituent Services Assistants (“CSAs”) responded to telephone calls from local residents.

In late 2007, all four CSAs were African–American women; Hemphill is white. Almost immediately, Hemphill was met with resistance from the CSAs, who had been largely unsupervised for many years. Hemphill's first month on the job was marked by a series of conflicts, with two CSAs in particular. Some of the conflicts involved comments by the CSAs that Hemphill perceived as racially offensive and intimidating.

In late November 2007, Hemphill sent a memorandum to her superiors documenting her concerns about the hostile atmosphere in the Call Center, and noting she feared for her safety. As a result, Hemphill was temporarily removed from the Call Center in early December 2007 while the Personnel Department investigated her allegations. While relocated, Hemphill had few, if any, daily job responsibilities.

In early January 2008, Hemphill met with Kash Srinivasan, the Commissioner of Public Works. Srinivasan told Hemphill she could return to the Call Center, and that he would speak with the CSAs about the need to show Hemphill respect, but that Hemphill would be required to attend supervisory training and complete an extended probationary period. Hemphill objected to the extension of her probation and expressed reluctance to return to the Call Center unless something was done to ensure the CSAs' behavior changed. Srinivasan refused to implement additional measures to assuage Hemphill's concerns, and instead said her return to the Call Center was “on hold.”

The day after her meeting with Srinivasan, Hemphill notified the Director of Personnel, Monica Gonzalez–Gillespie, that she believed Srinivasan was attempting to force her to withdraw from her position as CSS. A few days later, Hemphill met with Gillespie and Srinivasan, and Gillespie “strongly suggested” she seek permission, pursuant to a specific City Code provision, to return to her previous position with the Police Chief. Neither Gillespie nor Srinivasan offered to further assist Hemphill in returning to the Call Center. Believing she would lose her job altogether if she did not request a transfer to her previous position, Hemphill submitted the request as instructed.

The Personnel Department ultimately found no merit to Hemphill's hostile work environment complaint. When she was not awarded relief at the administrative level, Hemphill sued the City ² under Title VII, claiming she was subjected to a racially hostile work environment in the Call Center, and that the City retaliated against her by compelling her to give up her supervisory position after she engaged in protected activity by filing a harassment complaint. See Compl., Hemphill v. City of Wilmington, No. 10–679, 2010 WL 4951006 (D.Del. Aug. 12, 2010). I granted the City's request for summary judgment on Hemphill's hostile work environment claim, but permitted her retaliation claim to proceed to trial. See Mem. Op., Hemphill v. City of Wilmington, 813 F.Supp.2d 581, No. 10–679, 2011 WL 3585461 (D.Del. Aug. 12, 2011).

After a three-day trial, the jury returned a verdict finding the City “retaliated against ... Hemphill by forcing her to transfer from her supervisory position back to her position as administrative assistant to the Chief of Police in January 2008.” Verdict Slip, Hemphill v. City of Wilmington, No. 10–679 (D.Del. Sept. 23, 2007) [hereinafter Verdict Slip]. The jury awarded no compensatory damages, id., but the equitable remedies of reinstatement, back pay, and other appropriate equitable relief were reserved for me to determine. See Spencer v. Wal–Mart Stores, Inc., 469 F.3d 311, 316 (3d Cir.2006).

Hemphill seeks “instatement” ³ to a merit position equivalent to her former supervisory position,⁴ back pay in the amount of $17,376.47, prejudgment interest in the amount of $915.52, an order compelling the City to provide additional harassment and retaliation training for management-level employees, and an order requiring the City to post notice of the verdict. See Pl.'s Post Trial Mot. Equitable Relief, Hemphill v. City of Wilmington, 10–679 (D.Del. Nov. 2, 2011) [hereinafter Pl.'s Mot.]. The City objects to each of these requests, but suggests no alternative means for making Hemphill whole, as Title VII requires. See Defs.' Mem. P. & A. Resp. Pl.'s Mot. Equitable Relief, Hemphill v. City of Wilmington, No. 10–679 (D.Del. Dec. 2, 2011) [hereinafter Defs.' Resp.].

For the reasons that follow, the City's objections are meritless.

II. DISCUSSIONA. Legal Standard

“A chief remedial purpose of employment discrimination statutes ... is ‘to make persons whole for injuries suffered on account of unlawful employment discrimination.’ ” Eshelman v. Agere Sys., Inc., 554 F.3d 426, 440 (3d Cir.2009) (quoting Albemarle Paper Co. v. Moody, 422 U.S. 405, 418, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975)). Where a plaintiff has established her employer violated Title VII, “the [district] court has not merely the power but the duty to render a decree which will so far as possible eliminate the discriminatory effects of the past as well as bar like discrimination in the future.” Louisiana v. United States, 380 U.S. 145, 154, 85 S.Ct. 817, 13 L.Ed.2d 709 (1965): accord Albemarle Paper Co., 422 U.S. at 418, 95 S.Ct. 2362.

“Congress armed the courts with broad equitable powers to effectuate this ‘make whole’ remedy.” Eshelman, 554 F.3d at 440. “Discretion is vested ... to allow the most complete achievement of the objectives of Title VII that is attainable under the facts and circumstances of [each] specific case.” Franks v. Bowman Transp. Co., 424 U.S. 747, 770–71, 96 S.Ct. 1251, 47 L.Ed.2d 444 (1976). Therefore, I have “wide discretion to ‘locate a just result’ regarding the parameters of the relief granted in the circumstances of [this] case.” Eshelman, 554 F.3d at 440 (quoting Albemarle Paper Co., 422 U.S. at 424, 95 S.Ct. 2362). In exercising that discretion, I must attempt “to restore [Hemphill] to the economic status quo that would exist but for the [City's] conduct.” In re Continental Airlines, 125 F.3d 120, 135 (3d Cir.1997): see Gunby v. Pa. Elec. Co., 840 F.2d 1108, 1110 (3d Cir.1988) (a “Title VII verdict in [plaintiff's] favor require[s] a ‘make whole’ remedy”).

Reinstatement, back pay, and prejudgment interest are widely accepted forms of equitable relief that may be available to successful Title VII plaintiffs. See 42 U.S.C. § 2000e–5(g)(1) (courts may “order such affirmative action as may be appropriate, which may include ... reinstatement ... with or without back pay ... or any other equitable relief as the court deems appropriate”); Eshelman, 554 F.3d at 442 (“prejudgment interest on back pay awards” is “now-universal[ly] accept[ed]”); Spencer, 469 F.3d at 315 (court may award back pay); Feldman v. Phila. Hous. Auth., 43 F.3d 823, 831 (3d Cir.1994) (reinstatement or front pay may be ordered, with reinstatement preferred unless animosity between the parties renders it infeasible); Bullen v. Chaffinch, 336 F.Supp.2d 357, 358–59 (D.Del.2004) (court may order “instatement,” or “promotion to a position illegally denied”).

There is a presumption in favor of back pay following a finding of employment discrimination. See Booker v. Taylor Milk Co., 64 F.3d 860, 864 (3d Cir.1995). A Title VII plaintiff, however, is obligated to mitigate her damages by using “reasonable diligence to obtain substantially equivalent employment.” Id. at 866 (emphasis omitted). Failure to mitigate damages does not “wholly cut off the right to any back pay”; rather, it may “reduce or decrease a back pay award.” Id. (emphasis omitted). Although the duty to mitigate rests with the plaintiff, “the employer has the burden of proving a failure to mitigate” by demonstrating “that 1) substantially equivalent work was available, and 2) the Title VII claimant did not exercise reasonable diligence to obtain the employment.” Id. at 864.

B. Reinstatement to a Merit Position

Hemphill concedes reinstatement to the CSS position is not a viable solution here for two reasons. See Pl.'s Mot. at 3–4. First, the trial established evidence of animosity between Hemphill and both her superiors and subordinates in that position. Id. Second, Hemphill has no desire to displace the person who is now the CSS. Id. Therefore, Hemphill asks me to fashion...