Kramer v. Windsor Park Nursing Home, Inc.

• Decision Date: 10 September 1996
• Docket Number: No. C-1-95-115.,C-1-95-115.
• Citation: 943 F.Supp. 844
• Parties: Kimberly C. KRAMER, Plaintiff, v. WINDSOR PARK NURSING HOME, INC., et al., Defendants.
• Court: U.S. District Court — Southern District of Ohio

Page 844

943 F.Supp. 844

Kimberly C. KRAMER, Plaintiff, v. WINDSOR PARK NURSING HOME, INC., et al., Defendants.

No. C-1-95-115.

United States District Court, S.D. Ohio, Western Division.

September 10, 1996.

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James Michael Moore, Lindhorst & Dreidame, Cincinnati, OH, for plaintiff.

Lewis Herbert Seiler, Cincinnati, OH, Norman J Frankowski, II, Geoffrey E. Webster, Geoffrey Everett Webster, Columbus, OH, for defendants.

ORDER GRANTING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

SPIEGEL, Senior District Judge.

This matter is before the Court on Defendants' Motion for Summary Judgment (doc. 36), Plaintiff's response (doc. 38) and Defendants' reply (doc. 40).

BACKGROUND

Ms. Kramer was employed by Windsor Park Nursing Home ("Windsor Park") on three separate occasions: August 1985 through April 1987, September 1989 through April 1990, and October 1990 through May 5, 1993. Defendant, Alvis Byars, is part owner, President and CEO of Windsor Park. Ms. Kramer has sued Windsor Park and Mr. Byars (collectively "Defendants") in his individual capacity as her supervisor.

Ms. Kramer was first hired as the activity director at the nursing home in August 1985. The job description of the activities director states that she is required to plan and organize activities. In addition, the activities director is responsible for keeping records of the activities and documenting the residents participation in the activities. The Parties agree that Ms. Kramer was very good at planning and organizing activities, but was deficient in her documentation. In fact, she was terminated for insufficient documentation in October 1987, but rehired twice because of her proficiency in organizing activities.

This action arises out of the final employment period which ran from October 1990, through May 5, 1993. Debbie Law, the personnel director at Windsor Park, rehired Ms. Kramer to be activities director. Ms. Kramer shared the position with another individual — Debbie Ronan. In the beginning of this third employment period, Ms. Ronan was responsible for the required documentation, and Ms. Kramer was responsible for activities portion. See Deposition of Deborah Law, p. 47.

In September 1992, Debbie Ronan was transferred to another position because of a lack of funds for the activities department. Defendants claim that Ms. Kramer then agreed to complete the required paperwork in addition to her other duties.

In late April, 1993, Ms. Kramer began to experience headaches and loss of muscle control. Ms. Kramer was admitted to the hospital and was eventually diagnosed with Multiple Sclerosis ("MS"). She remained in the hospital until May 1, 1993.

Defendants claim that while Ms. Kramer was hospitalized they discovered that Ms. Kramer had failed to keep up with the required paperwork. Defendants terminated Ms. Kramer's employment on May 5, 1993 for her failure to do her paperwork. Defendants contend that they discharged Ms. Kramer at the urging of Pamela Neace, the Director of Nursing at Windsor Park, because she felt she could no longer work with Ms. Kramer.

Ms. Kramer filed a seven count complaint alleging: (1) sexual harassment in violation of Title VII, 42 U.S.C. § 2000e, (2) discharge in violation of the Americans with Disabilities Act 42 U.S.C. 12201 et seq., (3) termination in violation of the Rehabilitation Act of 1973 29 U.S.C. § 701, et seq., (4) intentional infliction of emotional distress, (5) breach of contract, (6) sexual harassment in violation of O.R.C. § 4112.99, and (7) wrongful discharge for sexual harassment.

STANDARD OF REVIEW

The narrow question that we must decide on a motion for summary judgment is whether there exists a "genuine issue as to any material fact and [whether] the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c). The Supreme Court elaborated upon the appropriate standard in deciding a motion for summary judgment as follows:

[T]he plain language of Rule 56(c) mandates the entry of summary judgment, ..., against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case and on which that party will bear the burden of proof at trial.

Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

The moving party has the initial burden of showing the absence of a genuine issue of material fact as to an essential element of the non-movant's case. Id. at 321, 106 S.Ct. at 2551; Guarino v. Brookfield Township Trustees, 980 F.2d 399, 405 (6th Cir.1992). If the moving party meets this burden, then the non-moving party "must set forth specific facts showing there is a genuine issue for trial." Fed.R.Civ.P. 56(e); see Guarino, 980 F.2d at 405.

As the Supreme Court stated in Celotex, the non-moving party must "designate" specific facts showing there is a genuine issue for trial. Celotex, 477 U.S. at 324, 106 S.Ct. at 2553; Guarino, 980 F.2d at 405. Although the burden might not require the non-moving party to "designate" facts by citing page numbers, "`the designated portions must be presented with enough specificity that the district court can readily identify the facts upon which the non-moving party relies.'" Guarino, 980 F.2d at 405 (quoting InterRoyal Corp. v. Sponseller, 889 F.2d 108, 111 (6th Cir.1989), cert. denied, 494 U.S. 1091, 110 S.Ct. 1839, 108 L.Ed.2d 967 (1990)).

Summary judgment is not appropriate if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). Conclusory allegations, however, are not sufficient to defeat a motion for summary judgment. McDonald v. Union Camp Corp., 898 F.2d 1155, 1162 (6th Cir. 1990).

DISCUSSION

I. No Individual Liability under Federal Discrimination Statutes

Ms. Kramer has sued Mr. Byars in his individual capacity as owner/administrator of Windsor Park. Mr. Byars argues he cannot be held individually liable under Title VII. Although we recognize that the majority of circuits disagree with us,¹ we continue to adhere to our view that Title VII does provide for individual supervisor liability. See Johnson v. University Surgical Group Associates of Cincinnati, 871 F.Supp. 979, 986 (S.D.Ohio 1994).

In Johnson, we identified three reasons why Title VII provides for individual supervisors liability. First, prior holdings of the Sixth Circuit give at least tacit approval of co-employee supervisor liability. See Jones v. Continental Corp., 789 F.2d 1225, 1231 (6th Cir.1986) (stating in dictum "the law is clear that individuals may be held liable ... as `agents' of an employer under Title VII."); Romain v. Kurek, 772 F.2d 281 (6th Cir. 1985) (tacitly approving district court's judgment finding individual jointly and severally liable for Title VII violation). Second, individual liability promotes the purposes of Title VII. See Civil Rights Act of 1991, PL 102-66, § 3(1) ("to provide appropriate remedies for intentional discrimination and unlawful harassment in the work place...."). Third, agency principles are followed through Title VII. These principles support shared liability on the part of both employer and agent. Restatement (Second) of Agency, § 359C(1) (1957). Accordingly, we will adhere to our conclusion that Title VII does provide for individual liability until the Sixth Circuit or the Supreme Court decides otherwise.

This reasoning also applies to Plaintiff's charges under the ADA and the Rehabilitation Act. Accordingly, we find that Mr. Byars can be held individually liable for violations of Title VII, the Rehabilitation Act and the ADA.

II. Failure to Exhaust Administrative Remedies

Mr. Byars also asserts that he should be dismissed from the case since Ms. Kramer failed to name him in her Equal Employment Opportunity Commission ("EEOC") charge. A person alleging a violation of Title VII must exhaust her administrative remedies before suing in federal court. Love v. Pullman Co., 404 U.S. 522, 523, 92 S.Ct. 616, 617, 30 L.Ed.2d 679 (1972). In this instance, Ms. Kramer did file a timely charge with the EEOC. Mr. Byars, however, argues that she failed to name him in the charge, and thus, her charge fails to satisfy the exhaustion requirement.

Generally, a plaintiff may not sue a party not named in the EEOC charge unless there is a clear identity of interest. Jones v. Truck Drivers Local Union No. 299, 748 F.2d 1083, 1086 (6th Cir.1984). The requirement that a plaintiff name a defendant in an EEOC charge before filing suit serves two goals. Romain v. Kurek, 836 F.2d 241, 245 (6th Cir.1987). First, the charge provides the defendant, and the EEOC, notice of the discrimination claim. Id. Second, the charged party is then able to participate in conciliation efforts directed at securing voluntary compliance. Id.

The jurisdictional requirements of Title VII, however, should be liberally construed in favor of complainants. Glus v. G.C. Murphy Co., 562 F.2d 880, 887 (3d Cir.1977). Because EEOC charges are often filed without the assistance of counsel, insisting on "procedural exactness in stating the charge" would frustrate the remedial goals of Title VII. Romain, 836 F.2d at 245. Accordingly, a plaintiff will be excused from naming a defendant in an EEOC complaint if an identity of interest exists between the named and unnamed party. Id.

"Courts generally find an identity of interest where the unnamed party has been provided with adequate notice of the charge under circumstances which afford him an opportunity to participate in conciliation proceedings aimed at voluntary compliance." Id. (citing Eggleston v. Chicago Journeymen Plumbers' Local Union 130, 657 F.2d 890, 905 (7th Cir.1981)). The Sixth Circuit adopted a four factor test to determine whether the relationship between the named and unnamed parties creates a sufficient identity of...