Kolb v. STATE OF OHIO, DEPT. OF MENTAL RET. & DEV.

• Decision Date: 10 July 1989
• Docket Number: No. C87-1314.,C87-1314.
• Citation: 721 F. Supp. 885
• Parties: Donna O. KOLB, Plaintiff, v. STATE OF OHIO, DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, CLEVELAND DEVELOPMENTAL CENTER, et al., Defendants.
• Court: U.S. District Court — Northern District of Ohio

721 F. Supp. 885

Donna O. KOLB, Plaintiff, v. STATE OF OHIO, DEPARTMENT OF MENTAL RETARDATION AND DEVELOPMENTAL DISABILITIES, CLEVELAND DEVELOPMENTAL CENTER, et al., Defendants.

No. C87-1314.

United States District Court, N.D. Ohio, E.D.

July 10, 1989.

COPYRIGHT MATERIAL OMITTED

Dennis J. Niermann, Kramer & Tobocman Co., L.P.A., Cleveland, Ohio, for plaintiff.

Anthony J. Celebrezze, Jr., Atty. Gen., and Beverly Yale Pfeiffer, Asst. Atty. Gen., Columbus, Ohio, for defendants.

MEMORANDUM OF OPINION RE: GRANTING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

KRENZLER, District Judge.

This case was initiated by the plaintiff, Donna O. Kolb ("Kolb"), against the defendants, State of Ohio Department of Mental Retardation and Developmental Disabilities, Cleveland Developmental Center ("the Department"), Gregory Darling ("Darling"), Patrick Rafter ("Rafter"), and Robert Brown ("Brown"). In the second amended complaint¹, Kolb claims that the Department twice failed to promote her and then discharged her from employment on the basis of her race, black, and her sex, female, and in retaliation for her past charges of discrimination, in violation of 42 U.S.C. sections 1981, 1983, and 2000e et seq. ("Title VII"). The complaint also names Darling, Rafter, and Brown as defendants in their official and individual capacities², in addition to alleging pendent state claims.

The defendants jointly filed a motion for summary judgment. The plaintiff filed a brief in opposition, and both parties submitted evidence in support of their positions. For the reasons fully discussed below, this Court shall grant judgment in favor of the defendants and against the plaintiff on all of the promotion claims and all of the discharge claims against defendants Brown and Rafter brought pursuant to sections 1981 and 1983. In addition, this Court shall dismiss the pendent state claims without prejudice.

For the reasons fully discussed below, this Court shall deny the defendants' motion for summary judgment with respect to the discriminatory discharge claims brought under Title VII against the Department and the individual defendants in their official capacities, and under sections 1981 and 1983 against Darling in his individual capacity.

I. Relevant Law

A. Summary Judgment Standard

Defendants' motion for summary judgment may only be granted if there is no genuine issue of material fact and defendants are entitled to judgment as a matter of law. Fed.R.Civ.P. 56. The defendants, as the moving parties, can meet their burden under Rule 56 by demonstrating that there is an absence of a genuine issue of material fact. Celotex Corp. v. Catrett, 477 U.S. 317, 323, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986). If the defendants meet their burden, the plaintiff "must come forward with `specific facts showing that there is a genuine issue for trial.'" Matsushita Electrical Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986) (emphasis in original). Where, taking the record as a whole, reasonable minds could come to but one conclusion, there is no genuine issue of fact for trial and summary judgment may be granted. Id.; Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). In determining whether there exists a genuine issue of fact for trial, this Court must view the facts in a light most favorable to the plaintiff.

B. Title VII Claims

In a Title VII "disparate treatment" case, which involves "the most easily understood type of discrimination," Teamsters v. U.S., 431 U.S. 324, 335 n. 15, 97 S.Ct. 1843, 1854 n. 15, 52 L.Ed.2d 396 (1977), the plaintiff alleges that her employer has treated her less favorably than others because of her race, color, religion, sex, or national origin. To prevail, the plaintiff is required to prove that the defendant "had a discriminatory intent or motive" in taking the alleged action. Watson v. Ft. Worth Bank & Trust, 487 U.S. ___ - ___, 108 S.Ct. 2777, 2784, 101 L.Ed.2d 827, 839 (1988). Since direct evidence is very seldom available, the courts apply a system of shifting burdens of proof, which is "intended progressively to sharpen the inquiry into the elusive factual question of intentional discrimination." Texas Dep't of Community Affairs v. Burdine, 450 U.S. 248, 254 n. 8, 101 S.Ct. 1089, 1094 n. 8, 67 L.Ed.2d 207 (1981).

The plaintiff in a Title VII case must carry the initial burden of establishing a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). The phrase "prima facie case" denotes the establishment of a legally mandatory, rebuttable presumption, which is inferred from the evidence. Burdine, 450 U.S. at 254, n. 7, 101 S.Ct. at 1094, n. 7. Establishment of the prima facie case creates the presumption that the employer unlawfully discriminated against the employee. Id. at 254, 101 S.Ct. at 1094. The prima facie case serves to eliminate the most common nondiscriminatory reasons for the employer's actions. Id. It raises an inference of discrimination "only because we presume these acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors." Furnco Construction Corp. v. Waters, 438 U.S. 567, 577, 98 S.Ct. 2943, 2949, 57 L.Ed.2d 957 (1978).

In McDonnell Douglas, the Court held that a plaintiff may prove a prima facie case of discrimination in a failure-to-hire case, by demonstrating

(i) that he belongs to a racial minority;

(ii) that he applied and was qualified for a job for which the employer was seeking applicants;

(iii) that, despite his qualifications, he was rejected; and

(iv) that, after his rejection, the position remained open and the employer continued to seek applicants from persons of complainant's qualifications.

Id. 411 U.S. at 802, 93 S.Ct. at 1824. Although the McDonnell Douglas test and its derivatives are helpful, they are not to be rigidly, mechanically, or ritualistically applied. The elements of the prima facie case will vary substantially according to the differing factual situations of each case. McDonnell Douglas, 411 U.S. at 802, n. 13, 93 S.Ct. at 1824 n. 13. They simply represent a "sensible, orderly way to evaluate the evidence in light of common experience as it bears on the critical question of discrimination." Shah v. General Electric Co., 816 F.2d 264, 268 (6th Cir. 1987).

The Sixth Circuit Court of Appeals, in Potter v. Goodwill Industries, 518 F.2d 864, 865 (6th Cir.1975), adapted the McDonnell Douglas test for cases involving alleged discrimination in termination from employment. The Court listed three elements by which a plaintiff may demonstrate a prima facie case of discrimination: "(1) that he is a member of a class entitled to the protection of the Civil Rights Act, (2) that he was discharged without valid cause, and (3) that the employer continued to solicit applications for vacant positions."

In this case, where the plaintiff alleges that her employer failed to promote her for discriminatory reasons³, she must show (i) that she is member of a protected class; (ii) that she applied and was qualified for a position for which the employer was seeking applicants; (iii) that, despite her qualifications, she was rejected; and (iv) that a member of a non-protected class subsequently received the position. Where the plaintiff alleges that her employer discharged her for discriminatory reasons⁴, she must show (i) that she is a member of a protected class; (ii) that, prior to her termination, she was performing her job duties satisfactorily; (iii) that, despite her performance, she was terminated from her employment, and (iv) that she was replaced by a member of a non-protected class.

To support a claim of retaliatory discharge⁵, a plaintiff must establish: (1) that she engaged in activity protected by Title VII; (2) that she was the subject of adverse employment action; and (3) that there exists a causal link between her protected activity and the adverse action of her employer. Jackson v. RKO Bottlers, 743 F.2d 370, 375 (6th Cir.1984). The causal connection may be demonstrated by evidence of circumstances that justify an inference of retaliatory motive, such as protected conduct closely followed by adverse action. Burrus v. United Telephone Co., 683 F.2d 339, 343 (10th Cir.1982), cert. denied, 459 U.S. 1071, 103 S.Ct. 491, 74 L.Ed.2d 633 (1982). Plaintiff's burden with respect to establishing a prima facie case of retaliatory discharge is not onerous. She need only introduce evidence from which an inference can be drawn that she would not have been discharged had she not filed discrimination charges. Jackson, 743 F.2d at 377.

Once the plaintiff establishes the elements of a prima facie case, the burden then shifts to the defendant to "articulate some legitimate, nondiscriminatory reason" for its actions. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. at 1824. The defendant must rebut the presumption of discrimination by producing evidence of an explanation, Burdine, 450 U.S. at 254, 101 S.Ct. at 1094, which must be "clear and reasonably specific," Id. at 258, 101 S.Ct. at 1096, and "legally sufficient to justify a judgment for the defendant." Id. at 255, 101 S.Ct. at 1094. However, the defendant does not have the burden of "proving the absence of discriminatory motive." Bd. of Trustees v. Sweeney, 439 U.S. 24, 25, 99 S.Ct. 295, 296, 58 L.Ed.2d 216 (1978). The defendant need not persuade the court that it was actually motivated by the proffered reasons. Id.

If the defendant carries this burden of production, the plaintiff must then satisfy a burden of persuasion and show that the legitimate reasons offered by defendant were not its true reasons, but were a pretext for discrimination. McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1825. This burden now merges with the burden of persuading the court that she has been the victim of intentional...