Piantanida v. Wyman Center, Inc.

• Decision Date: 04 June 1996
• Docket Number: No. 4:95CV668SNL.,4:95CV668SNL.
• Citation: 927 F. Supp. 1226
• Parties: Diane PIANTANIDA, Plaintiff, v. WYMAN CENTER, INC., a/k/a Kiwanis Camp Wyman, Defendant.
• Court: U.S. District Court — Eastern District of Missouri

927 F. Supp. 1226

Diane PIANTANIDA, Plaintiff, v. WYMAN CENTER, INC., a/k/a Kiwanis Camp Wyman, Defendant.

No. 4:95CV668SNL.

United States District Court, E.D. Missouri, Eastern Division.

June 4, 1996.

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Jerome J. Dobson, Jonathan C. Berns, Weinhaus and Dobson, St. Louis, MO, for plaintiff.

Robert A. Kaiser, Daniel K. O'Toole, David W. Welch, Armstrong and Teasdale, St. Louis, MO, for defendant.

MEMORANDUM

LIMBAUGH, District Judge.

Plaintiff has filed a two-count complaint alleging that she was demoted and constructively discharged unlawfully on the basis of sex, particularly her pregnancy.¹ Specifically, plaintiff brings this action pursuant to Title VII, 42 U.S.C. § 2000e(k), and the Missouri Human Rights Act (MHRA), § 213.010 R.S.Mo. This matter is before the Court on the defendant's motion for summary judgment (# 12), filed March 11, 1996. Extensive responsive pleadings have been filed. This cause of action is set for trial on the Court's trial docket of June 10, 1996.

Courts have repeatedly recognized that summary judgment is a harsh remedy that should be granted only when the moving party has established his right to judgment with such clarity as not to give rise to controversy. New England Mut. Life Ins. Co. v. Null, 554 F.2d 896, 901 (8th Cir.1977). Summary judgment motions, however, "can be a tool of great utility in removing factually insubstantial cases from crowded dockets, freeing courts' trial time for those that really do raise genuine issues of material fact." City of Mt. Pleasant v. Associated Elec. Coop. Inc., 838 F.2d 268, 273 (8th Cir.1988).

Pursuant to Fed.R.Civ.P. 56(c), a district court may grant a motion for summary judgment if all of the information before the court demonstrates that "there is no genuine issue as to material fact and the moving party is entitled to judgment as a matter of law." Poller v. Columbia Broadcasting System, Inc., 368 U.S. 464, 467, 82 S.Ct. 486, 487, 7 L.Ed.2d 458 (1962). The burden is on the moving party. Mt. Pleasant, 838 F.2d at 273. After the moving party discharges this burden, the nonmoving party must do more than show that there is some doubt as to the facts. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 1355, 89 L.Ed.2d 538 (1986). Instead, the nonmoving party bears the burden of setting forth specific facts showing that there is sufficient evidence in its favor to allow a jury to return a verdict for it. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 2553, 91 L.Ed.2d 265 (1986).

In passing on a motion for summary judgment, the court must review the facts in a light most favorable to the party opposing the motion and give that party the benefit of any inferences that logically can be drawn from those facts. Buller v. Buechler, 706 F.2d 844, 846 (8th Cir.1983). The court is required to resolve all conflicts of evidence in favor of the nonmoving party. Robert Johnson Grain Co. v. Chem. Interchange Co., 541 F.2d 207, 210 (8th Cir.1976). With these principles in mind, the Court turns to an examination of the facts.

Defendant Wyman Center is a not-for-profit charitable organization whose purpose is to provide a "camping experience" to disadvantaged inner-city youth. At all relevant times, defendant's Executive Director was David Hilliard; defendant's Director of Development was Linda Waugh; and defendant's Director of Administration and Finance was Lorrie Goecker. Ms. Waugh was responsible for the overall fundraising for the Wyman Center. Her primary duties included organizing annual charitable appeals, working with the Kiwanis Clubs in their fundraising efforts on behalf of defendant, and preparing grant proposals for corporations and private foundations. Ms. Goecker's primary duties included responsibility for accounting, bookkeeping, and the secretarial pool.

On or about June 15, 1992 plaintiff began working for defendant as the Executive Assistant to the Development Director; i.e. as Ms. Waugh's administrative assistant. The third member of the Development Department staff was Rose Duckett, the Development Department Secretary. Following a routine initial two-month probationary period, plaintiff worked for defendant as Ms. Waugh's administrative assistant for approximately another seven (7) months.

As Ms. Waugh's assistant, plaintiff's primary duty was to assist Ms. Waugh as to the coordination and management of fundraising activities. This consisted of assisting in the drafting of grant proposals, coordinating volunteers who worked in the Development Department, managing donor lists, acknowledging donations, and insuring that various deadlines for certain activities were met. Although plaintiff's responsibilities included exercising some discretion as to the allocation of work and supervision of Ms. Duckett, plaintiff was considered also a member of the secretarial pool and was subject to receiving assignments from Ms. Goecker to relieve another staff member's workload, or could request assistance from Ms. Goecker as to her own workload. Since Wyman Center is a charitable organization, it is largely dependent on donations for its existence. In this regard, it is defendant's policy to timely acknowledge receipt of a contribution, as quickly as forty-eight (48) hours of receipt. Normally, a contribution would be logged in, then given to the Executive Assistant (i.e. the plaintiff) to mail out an acknowledgement. Some contributions would receive a "formletter" acknowledgement; others would require a personal letter or revision of a "formletter" from Ms. Waugh and then this personalized acknowledgment would be sent out by the plaintiff. Deposition of Linda Waugh, pgs. 70-76; Deposition of Lorrie Goecker, pgs. 58-62; Affidavit of Plaintiff.

At the end of plaintiff's probationary period, Ms. Waugh completed a work performance evaluation of the plaintiff. This evaluation generally rates plaintiff's performance as largely satisfactory; however, specific weaknesses were observed:

* stay focused til completion

* stay current with day to day projects/complete projects, e.g. filing, gift imput

* meet deadlines

* advise D.D. (Development Director) if a problem arises

* be more ____ (word unintelligible) with phone coverage

Plaintiff's Exhibit 9; Defendant's Exhibit C.² Throughout the evaluation Ms. Waugh notes a need for the plaintiff to keep Ms. Waugh informed as to plaintiff's work progress on projects. This admonition is highlighted in the three (3) goals Ms. Waugh set out for the plaintiff over the next year: 1) Keep a list of things to do with deadlines so D.D. can see overall workload and priorities; 2) Increase communications w/DD to keep awareness up of what stages projects are in; and 3) Make time in schedule to organize drawers and keep organization in line. Plaintiff's Exhibit 9. Plaintiff signed off this evaluation as agreeing with the appraisal. Plaintiff's Exhibit 9. Following this evaluation, plaintiff was made a permanent non-probationary employee.

In addition to verbally reminding plaintiff of the need to timely complete projects and of approaching deadlines, Ms. Waugh distributed to plaintiff lists of assigned tasks and completion deadlines. Waugh Deposition, pgs. 75-79; Plaintiff's Deposition, Vol. I, pgs. 111-12; 140; Plaintiff's Exhibit 10. Plaintiff continued to experience difficulty in handling her workload in a timely manner and sought assistance on a regular basis. Plaintiff's Deposition, Vol. I, pg. 67. Ms. Waugh observed that plaintiff had a particular problem getting acknowledgements out in a timely manner and continued to impress upon her that this task was a priority. Waugh Deposition, pgs. 76-78. In February 1993, Ms. Waugh gave plaintiff a specific list of tasks that needed to be completed. Plaintiff's Exhibit 10. Under No. 5 the project listed is "acknowledgements" and "Dec." is noted; the list indicates that another support staff person "Julie" was assigned to handle these acknowledgements "ASAP"³. Plaintiff's Exhibit 10; Goecker Deposition, pg. 50. This project was assigned to Julie because the plaintiff requested extra help. Plaintiff's Deposition, Vol. I., pg. 100.

Ms. Waugh's concerns regarding plaintiff's ability to coordinate her workload and complete projects in a timely manner were expressed to Hilliard. Hilliard Deposition, pg. 45. On February 26, 1993 Waugh wrote a memo to Goecker, which in turn was distributed to Hilliard. Defendant's Exhibit D. This memo outlines specifically an incident involving the plaintiff in which she failed to timely complete a project, and was abrupt with Ms. Waugh when reminded of the need to complete the project. Defendant's Exhibit D; Plaintiff's Deposition, Vol. I, pg. 115. The project was eventually turned over to Ms. Duckett. Waugh wrote her observations of plaintiff's work habits as follows:

1. Diana is not able to handle/coordinate/meet all deadlines for a variety of projects.

2. Diana is not able to complete some projects on deadlines; and does not always let Waugh know where she is in project; consequently, Waugh will ask her how she is doing and when will it be finished. This may happen often if I need the project. Waugh has also deferred to Diana when setting deadlines; I realize that Diana is still learning but feel that she should know my work style and the pace of this office. Waugh has suggested a new project list and deadline sheet to facilitate matters.

3. Diana, when she is confronted about a project will sometimes respond in an abrupt manner and put the blame on the other person.

4. Diana does not seem to be in tandem with supervisor and her work style and most of the time when there is a deadline to meet, and we are under the gun. She does not want to do anything else and she had told me this and her body language speaks

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