Jackson v. St. Joseph State Hosp.
| Decision Date | 23 May 1988 |
| Docket Number | No. 86-2595,86-2595 |
| Parties | 47 Fair Empl.Prac.Cas. 1580, 45 Empl. Prac. Dec. P 37,840 Richard JACKSON, Appellant, v. ST. JOSEPH STATE HOSPITAL, et al., Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Samuel I. McHenry, Kansas City, Mo., for appellant.
Mary Stewart Tansey, Asst. Atty. Gen., Jefferson City, Mo., for appellees.
Before McMILLIAN, Circuit Judge, FLOYD R. GIBSON, Senior Circuit
Judge, and BEAM *, Chief District Judge.
Richard Jackson appeals from an order of the district court 1 entering judgment in favor of defendants in this Title VII case. The district court found that Jackson's reverse sex discrimination claim was untimely and that his retaliatory discharge and due process claims were not supported by the evidence. On appeal Jackson challenges the district court's order pertaining to retaliatory discharge and due process. We affirm.
In May 1975 Jackson was hired by St. Joseph State Hospital as its chief accountant to correct problems which had developed in the preparation of medicare cost reports. As early as 1977 the hospital administration began receiving complaints about Jackson and the low morale in the accounting department. Jackson's subordinates complained that he would discuss one employee's private life with other employees. One employee filed a grievance claiming that Jackson was disruptive, agitated one employee against another, and created a stressful work environment. Complaints about Jackson were also made to state legislators.
In May 1978 a meeting was held to discuss changes to be made in the accounting department. The key supervisors in the department were present, but Jackson declined to attend. Hospital superintendent Dr. Nicholas Bartulica continued to receive complaints about Jackson, so a second meeting was held in late May. Jackson preferred not to attend and stated that further complaints should be put in writing. Jackson's request was communicated to his subordinates, but no written complaints were received by the administration.
In July 1978 the accounting department was audited by the Department of Mental Health. The chief auditor found that Jackson's managerial style was causing morale problems in the accounting department. Jackson was informed that disciplinary actions would be taken if he did not correct the problems in his department.
In October 1978 Jackson's secretary filed a grievance against him stating that he frequently discussed employees' personal lives, that he had problems communicating, and that he frequently called her into his office on Friday afternoons to criticize and demean her. At a meeting between Jackson, the secretary, and Dave Farrar, the assistant superintendent for administration, Jackson became angry and stated that he would run the secretary out of his department. As a result of Jackson's conduct Farrar informed him that if he did not change his ways he would risk losing his position as department head.
Complaints about Jackson abated until January 1982 when Roxanne Kuhn filed an internal complaint against him alleging harassment. Several months before the complaint was filed Jackson had begun inquiring into Kuhn's personal life. He told Kuhn that he did not approve of her black boyfriend and that she should not expect any promotions while the relationship continued. Also, Jackson stated that he disapproved of the fact that Kuhn's children lived with her ex-husband. Kuhn's complaint also stated that Jackson frequently touched or grabbed her.
On the same day that Kuhn filed her complaint Jackson requested that she be suspended for one day with pay for failing to complete certain reports. Dr. Bartulica met individually with Kuhn and Jackson to discuss a compromise. Kuhn agreed to withdraw her complaint subject to reinstatement if the harassment continued and Jackson agreed to withdraw his request for suspension after being told that the request would not be supported by the hospital administration.
On June 4, 1982 Jackson went to Kuhn's office to discuss work related matters, but she was not there. He eventually found her sitting in Rhonda Mahoney's office with her back to the door. Jackson approached Kuhn from behind and placed his hands on her shoulders and did not remove them until she stood up and left the room. On June 9 Jackson called Kuhn into his office to discuss her drinking habits.
On June 10 Kuhn filed another complaint against Jackson citing the June 4 and June 9 incidents. On July 14 Jackson was issued a reprimand and directed not to place his hands on female employees, make inquiries into or discuss employees' private lives, or counsel or discipline female employees without a witness present. In response, Jackson filed an internal complaint alleging sexual discrimination. The division director found against him on October 1, 1982 and on November 17 Jackson filed complaints with the Equal Employment Opportunity Commission (EEOC) and the Missouri Commission on Human Rights. Jackson was advised by the hospital administration that suspension was being considered if he did not cooperate and shortly thereafter he was suspended for three days without pay.
On January 10, 1983 Jackson was notified by the EEOC that a fact finding conference had been scheduled for January 27. In preparation for the conference, Jackson approached Rhonda Mahoney regarding the June 4 incident in her office. Jackson wanted proof that his touching of Roxanne Kuhn was not sexual in nature. During a forty-five minute conversation Mahoney repeatedly told Jackson that she had already given a statement and that she did not think it was proper to discuss the incident further. Later that day Jackson again approached Mahoney and requested a statement. Mahoney became so upset that she left work for the remainder of the day.
On January 26, two days later, Jackson gave Mahoney a prepared statement and asked her to review it, make any changes necessary, and sign it. It stated that Mahoney did not remember what happened in her office on June 4. Mahoney refused to sign the statement and complained to Jackson's supervisor that if Jackson did not leave her alone she would lodge a formal complaint of harassment. Later that day Jackson was put on administrative leave with pay pending investigation of the incident with Mahoney.
On February 17, 1983 Jackson was issued a dismissal letter which read, in part, as follows:
For the reasons indicated herein, you are hereby notified of your dismissal from employment with St. Joseph State Hospital, effective February 28, 1983 at the close of business. This action is being taken subject to your right to show reasons why this dismissal shall not be effected. You may answer in person at my office between the hours of 8:00 a.m. and 4:30 p.m. on or before February 25, 1983 or you may present your case in writing delivered to my office on or before the same date. The specific reasons for your dismissal are your inadequacy and inefficiency in the performance of the duties of your position, in that you have willfully exhibited behavior which is disruptive to the working activities of other employees. On Monday, January 24, 1983 you approached Rhonda Mahoney at work attempting for approximately 45 minutes to get her to change the statement she made concerning an event she observed involving you and another employee on June 4, 1982. On Wednesday, January 26, 1983 you presented a handwritten memo to Ms. Mahoney, which was written as if in her own words and stated that her memory was unclear as to the events that transpired on June 4, 1982 and you wanted Ms. Mahoney to sign the memo. You told Ms. Mahoney you would use the statement at a future hearing. Such acts constitute harrassment [sic] of an employee, and are willfully disruptive of the work activities of the employee and others.
Jackson's written response was rejected by the hospital and his dismissal was affirmed by the Personnel Advisory Board. He filed this lawsuit on October 9, 1984 alleging sexual discrimination, retaliatory discharge, and a due process violation. The district court found for the hospital on all three claims.
Title VII protects an employee pursuing an EEOC complaint from retaliatory actions by his employer. 42 U.S.C. Sec. 2000e-3(a). In order to establish a prima facie case of retaliatory discharge Jackson must prove that 1) he was engaged in statutorily protected activity, 2) he suffered adverse employment action, and 3) a causal connection between the two exists. Womack v. Munson, 619 F.2d 1292, 1296 (8th Cir.1980), cert. denied, 450 U.S. 979, 101 S.Ct. 1513, 67 L.Ed.2d 814 (1981).
The district court found that Jackson failed to establish a prima facie case because his conduct in pursuing a statement from Mahoney was not protected activity as it was "bizarre." Jackson argues that the cases cited by the district court, Garrett v. Mobil Oil Corp., 531 F.2d 892 (8th Cir.), cert. denied, 429 U.S. 848, 97 S.Ct. 135, 50 L.Ed.2d 121 (1976), and E.E.O.C. v. Shoney's, Inc., 536 F.Supp. 875 (N.D.Ala.1982), are inapplicable because the conduct of the plaintiffs in those cases was unreasonable whereas his own conduct was reasonable.
In Garrett an employee pursuing an EEOC complaint refused direct orders, left her work station, and barged in on meetings of managerial personnel. In Shoney's an employee neglected his job for three days while pursuing an EEOC complaint. Jackson argues that the time he spent pursuing a statement is reasonable when compared to Shoney's and his "polite efforts" can not be compared to those in Garrett. This argument, however, overlooks several important facts.
First, although Jackson's own efforts did not take more than a few hours, additional work time was lost when he had his secretary typing and copying documents for him on hospital...
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