Mosby v. Webster College, 76-2064
| Decision Date | 12 October 1977 |
| Docket Number | No. 76-2064,76-2064 |
| Citation | 563 F.2d 901 |
| Parties | 16 Fair Empl.Prac.Cas. 521, 15 Empl. Prac. Dec. P 7880 Doris MOSBY, Appellant, v. WEBSTER COLLEGE, Appellee. |
| Court | U.S. Court of Appeals — Eighth Circuit |
David A. Lang, Clayton, Mo., for appellant; Forriss D. Elliott, St. Louis, Mo., on brief.
Harold P. Heitmann, Clayton, Mo., for appellee; Wayne L. Millsap, Pamela S. Wright, Clayton, Mo., on brief.
Before ROSS, STEPHENSON and HENLEY, Circuit Judges.
Doris Mosby, a black woman, brought this action against Webster College, her former employer, under the provisions of 42 U.S.C. §§ 1981 and 2000e, et seq., alleging that the college discriminated against her on the basis of race by declining to renew her teaching contract and in refusing to promote her to the rank of full professor. The district court 1 denied relief, holding that the college showed its actions to have been taken for valid nondiscriminatory reasons. We affirm.
Dr. Mosby, who holds a Ph.D. in clinical child psychology, was hired by Webster College for the 1972-73 academic year as an associate professor without tenure and given teaching assignments in both the undergraduate psychology department and in the graduate Master of Arts and Teaching program. Her contract was renewed for the 1973-74 academic year.
In August of 1973, Dr. Mosby applied for promotion to the rank of full professor. Webster College grants such promotions only to those teachers who have four years of experience as an associate professor or who have attained an "extraordinary level of contribution" to the college. After conducting hearings, the faculty committee on tenure, rank and sabbatical found Dr. Mosby's teaching performance to be less than extraordinary and recommended that her request for promotion be denied.
Also during the fall of 1973, Dr. Mosby was evaluated for contract renewal for the upcoming 1974-75 academic year. Based upon the report of the committee on tenure, rank and sabbatical and upon the negative recommendations of Mosby's department head and the undergraduate dean, Drs. Gerdine and Kelly (president and vice president of the college) rendered a final decision of nonrenewal of Dr. Mosby's contract. Because of this decision, the question of a promotion was not separately considered. Dr. Mosby was given her notice of nonrenewal on December 14, 1973.
At trial Dr. Mosby attempted to show that the termination of her contract was handled differently by the college than were those of white teachers. She also introduced statistical evidence designed to show a preexisting racially discriminatory animus on the part of the college. In response the college contended that Dr. Mosby's nonpromotion and termination were for good cause, citing numerous grounds for its actions. The district court, sitting without a jury, held that the grounds offered by the college constituted good cause for Dr. Mosby's termination and dismissed the complaint. On appeal to this court, Dr. Mosby asserts error in the trial court's (1) failing to conclude that she had established a prima facie case, and (2) finding that the reasons offered by the college for its actions were not a mere pretext. The college asks for its costs on appeal, including an award of attorney's fees.
In Title VII cases alleging individual instances of racial discrimination the plaintiff must carry the initial burden of establishing a prima facie case. 2 Having done so, the burden then shifts to the employer to demonstrate valid nondiscriminatory reasons for his action. The plaintiff must then be given a fair opportunity to show that the reasons tendered by the employer are merely a pretext, thus demonstrating that the employer's conduct was in reality racially motivated. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 804, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); Thompson v. McDonnell Douglas Corp., 552 F.2d 220, 221 (8th Cir. 1977); Garrett v. Mobil Oil Corp., 531 F.2d 892, 895 (8th Cir.), cert. denied,429 U.S. 848, 97 S.Ct. 135, 50 L.Ed.2d 121 (1976).
Dr. Mosby insists that she discharged her burden of establishing a prima facie case and that the district court erred in holding to the contrary. In support of her argument Dr. Mosby points to three statements of fact stipulated to by the parties which she urges as proof that she was treated differently by the college than were white faculty members. These statements show essentially that, prior to receiving her notice of nonrenewal, Dr. Mosby had never been warned that any aspect of her teaching performance was less than satisfactory while some white teachers had in the past been so warned.
Contrary to Dr. Mosby's assertion, the district court did not specifically rule on the sufficiency of this evidence to establish a prima facie case, 3 concluding instead that, under the evidence taken as a whole, the college showed its actions to have been nondiscriminatory. Thus, the question before us is whether the district court erred as a matter of law in deciding that the college should prevail on its defense without having first decided whether the plaintiff carried her initial burden of establishing a prima facie case. We conclude that this was not error. See Thompson v. McDonnell Douglas Corp., supra, 552 F.2d at 221; Garrett v. Mobil Oil Corp., supra, 531 F.2d at 895.
It is apparent that in cases such as this the employer may prevail on either of two grounds. He may refute the existence of a prima facie case by showing to be nonexistent the facts upon which the inference of discrimination is sought to be sustained. Were this the case, the plaintiff would have failed to carry the initial burden and the employer need do no more. Henry v. Ford Motor Co., 553 F.2d 46, 48-49 (8th Cir. 1977). Alternatively, the employer may proceed to his proof that his actions were taken for legitimate reasons, thereby rebutting the inference of discrimination created by the plaintiff's prima facie case. In these circumstances, the plaintiff must be given the opportunity to respond by showing that the reasons tendered by the employer are a pretext. Absent such a showing, the employer is entitled to prevail. It is on this latter ground that the district judge reached his conclusion in the instant case. As discussed below, we agree that the reasons offered by the college constituted good cause for Dr. Mosby's termination and also conclude that the district court's finding that these reasons were not a pretext is supported by substantial evidence. Accordingly, we likewise find it unnecessary to decide whether Dr. Mosby successfully established a prima facie case, but for the purpose of this opinion, we will assume that she did.
Webster College asserted a number of grounds for its nonrenewal of Dr. Mosby's contract, among them negative student reaction to her teaching methods and her refusal to accept a sufficient number of student advisees. More significantly we think is the allegation that Dr. Mosby, contrary to representations made during preemployment interviews, expressed her unwillingness and lack of competence to assume the responsibility of teaching certain special education courses when asked to do so in the spring semester of 1973. It is stipulated that Dr. Mosby's refusal to teach these courses necessitated the college's hiring additional personnel during a period of financial hardship for the school.
It cannot be seriously contended that these allegations are untrue. It is undisputed, for instance, that there was negative student reaction to Dr. Mosby's work 4 and that she refused to teach the courses requested. 5 Nor does Mosby deny that these factors were considered in making the decision to terminate her employment, or even that such factors would not constitute good cause for doing so. The thrust of Dr. Mosby's argument is that another ground asserted by the college was in fact a pretext and therefore the entire defense offered by the college is tainted and must be deemed a pretext. We reject this argument.
One ground offered by the college in support of its decision was Dr. Mosby's failure to submit a satisfactory proposal as requested concerning the development of an apprentice teaching program at the college. Dr. Mosby insists that her proposal was not submitted until January of 1974, some time...
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