Rolison v. Bozeman Deaconess Health Services, Inc.

• Decision Date: 19 April 2005
• Docket Number: No. 04-363.,04-363.
• Citation: 326 Mont. 491,2005 MT 95,111 P.3d 202
• Parties: William ROLISON, Plaintiff and Appellant, v. BOZEMAN DEACONESS HEALTH SERVICES, INC., a Montana corporation, Defendant and Respondent.
• Court: Montana Supreme Court

111 P.3d 202

2005 MT 95

326 Mont. 491

William ROLISON, Plaintiff and Appellant, v. BOZEMAN DEACONESS HEALTH SERVICES, INC., a Montana corporation, Defendant and Respondent.

No. 04-363.

Supreme Court of Montana.

Submitted on Briefs December 8, 2004.

Decided April 19, 2005.

For Appellant: Geoffrey C. Angel; Angel Law Firm, Bozeman, Montana.

For Respondent: Lisa A. Levert; Poore, Roth & Robinson, Butte, Montana.

Chief Justice KARLA M. GRAY delivered the Opinion of the Court.

¶ 1 William Rolison appeals from the Orders and Judgment of the Eighteenth Judicial District Court, Gallatin County, granting partial summary judgment to the defendant, denying Rolison's motion for a new trial and awarding costs. We affirm.

¶ 2 The restated issues on appeal are:

¶ 3 1. Did the District Court err in granting partial summary judgment to the defendant on Rolison's federal and state retaliation claims? ¶ 4 2. Did the District Court manifestly abuse its discretion in denying Rolison's motion for a new trial?

¶ 5 3. In awarding costs to the prevailing defendant, did the District Court err by failing to apply the "frivolous, unreasonable, or without foundation" standard?

BACKGROUND

¶ 6 Bozeman Deaconess Health Services, Inc. (Deaconess) employed Rolison as a registered nurse in its hospital's endoscopy unit beginning in June of 2000. In March of 2001, Rolison filed a gender discrimination claim with the Montana Human Rights Bureau (HRB). The HRB discrimination complaint is not of record, but Rolison's deposition testimony reflects his belief that Deaconess discriminated against him on the basis of gender by posing certain questions and making statements to him and other staff members around the time of his job interview; not giving him a uniform; "writing him up" for issues including failing to check in with day surgery before leaving; addressing errors in his charting; and failing to offer him a posted full-time equivalent position. Rolison obtained a supporting witness statement from Pam Styren, another nurse in the unit.

¶ 7 On September 18, 2001, Rolison submitted a letter of resignation to Deaconess stating his last day of work would be October 16. He wrote his "primary concerns" were "varying and preferential treatment of employees by the supervisor," "[a] hostile work environment i.e., retaliatory accusations and discomfort from being more closely scrutinized than other employees, since filing a union grievance and consulting an attorney[,]" and inconsistency in scheduling.

¶ 8 On September 24, Rolison met with Hollie Raycraft, his supervisor, and Kathleen Wiese, the department manager. Deaconess' notes of the meeting—which Rolison later characterized as "probably" accurate and "probably better than [his] memory"—outline the following about the substance of the meeting. Raycraft and Wiese told Rolison that, on the basis of a collective bargaining agreement provision, they would not require him to work through October 16; they gave him a check compensating him through that date. Rolison then asked when they would discuss a sexual harassment allegation against him. Raycraft and Wiese explained that discussing the allegation was not necessary because Rolison had resigned and would no longer be working there. Rolison stated he wanted to discuss it. Raycraft and Wiese responded that, if he insisted on a discussion, documentation of the matter would become part of his file. Rolison indicated he understood, and insisted on discussing the matter.

¶ 9 After the discussion, Raycraft and Wiese showed Rolison an untitled document stating, in part, that he would be required to complete online sexual harassment training and to summarize its key points. The document also stated "[t]his is the implementation of the first step of the Progressive Performance Improvement Process" and failure to comply would result in "continuation of the disciplinary process up to and including termination[.]" Raycraft and Wiese told him the purpose of discussing the allegation— absent his resignation—would have been to advise him that his behavior had made some of his co-workers uncomfortable and to prevent future occurrences. Rolison noted the September 18 date on the document. Raycraft and Wiese stated they had originally intended to discuss the allegation with him on that date, but he was unable to meet with them at that time. Then, after they received his resignation, they had decided not to discuss the allegation with him at all. Rolison signed the document, obtained a copy and stated "[t]hank you—this is what my attorney wanted me to get."

¶ 10 Rolison filed a complaint with the Equal Employment Opportunity Commission (EEOC) and a retaliation claim with the HRB in September of 2001. In October, Rolison sued Deaconess in the District Court, asserting discrimination and retaliation in violation of the Montana Human Rights Act (MHRA) and Title VII of the Civil Rights Act of 1964 (Title VII), as well as wrongful discharge under the Montana Wrongful Discharge from Employment Act (WDEA). The District Court dismissed the WDEA claim on Deaconess' motion, with the parties apparently agreeing the existence of a collective bargaining agreement precluded that claim. The parties jointly moved to stay the proceedings because Rolison had not yet exhausted his administrative remedies, and the District Court subsequently lifted the stay after Rolison filed a right to sue letter from the EEOC. The parties do not dispute that Rolison also obtained a right to sue letter on his HRB discrimination and retaliation claims before the court entered any rulings at issue here.

¶ 11 Deaconess subsequently moved for summary judgment. After a hearing, the District Court granted partial summary judgment to Deaconess on Rolison's MHRA and Title VII retaliation claims, but denied the motion as to his MHRA and Title VII discrimination claims. The case proceeded to trial on the discrimination claims and the jury rendered a verdict for Deaconess.

¶ 12 Deaconess moved for entry of judgment and filed a memorandum of costs, which it subsequently amended to a lower amount. Rolison objected to the amended memorandum of costs, asserting some costs were not authorized by Montana law and others "should be denied given the ... public policy to encourage claims under the Human Rights Act and Title VII[.]" He also moved for a new trial. The next day, the District Court—apparently unaware of Rolison's objection and motion—entered judgment and awarded Deaconess costs in accordance with its amended memorandum of costs. The District Court later entered an order denying Rolison's motion for a new trial and reducing the costs awarded to Deaconess. Rolison appeals. We set forth additional facts as necessary in the discussion below.

STANDARDS OF REVIEW

¶ 13 We review a grant of summary judgment de novo, applying the same standards as the district court. Rule 56(c), M.R.Civ.P., requires summary judgment when the pleadings, depositions, answers to interrogatories, and admissions on file, together with any affidavits, show no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. Arthur v. Pierre Ltd., 2004 MT 303, ¶ 14, 323 Mont. 453, ¶ 14, 100 P.3d 987, ¶ 14 (citation omitted). We review a denial of a motion for a new trial to determine whether the district court manifestly abused its discretion. Bailey v. Beartooth Communications Co., 2004 MT 128, ¶ 10, 321 Mont. 305, ¶ 10, 92 P.3d 1, ¶ 10 (citation omitted). Finally, a district court's application of either §§ 25-10-101 and -102, MCA, or a different standard in determining whether a party is entitled to costs constitutes a question of law, and we review a district court's interpretation and application of the law for correctness. See Neal v. State, 2003 MT 53, ¶ 4, 314 Mont. 357, ¶ 4, 66 P.3d 280, ¶ 4 (citation omitted).

DISCUSSION

¶ 14 1. Did the District Court err in granting partial summary judgment to Deaconess on Rolison's federal and state retaliation claims?

¶ 15 As stated above, the District Court granted Deaconess partial summary judgment on Rolison's retaliation claims under Title VII and the MHRA. Rolison asserts error in both regards. The federal "retaliation" statute provides, in part, that an employer may not discriminate against an employee because the employee has made a charge or participated in a proceeding under Title VII. 42 U.S.C. § 2000e-3(a). Montana's statute provides, in part, that it is unlawful discriminatory practice for a person to discriminate against an individual because he or she has filed a complaint or participated in a proceeding under Title 49, Chapter 2, MCA. See § 49-2-301, MCA.

¶ 16 On appeal, both parties advance the burden-shifting test for summary judgment motions in disparate treatment discrimination cases set forth in Heiat v. Eastern Montana College (1996), 275 Mont. 322, 331-32, 912 P.2d 787, 793. Under that test, Montana courts first evaluate whether a plaintiff's complaint alleges a prima facie case. If the plaintiff alleges a prima facie case, the employer must present a legitimate nondiscriminatory reason for its alleged action. Once the employer presents a legitimate nondiscriminatory reason, the plaintiff must produce evidence establishing his or her prima facie case, as well as evidence raising an inference that the employer's proffered reason is pretextual. See Heiat, 275 Mont. at 331-32,912 P.2d at 793.

¶ 17 Applying Heiat, we first analyze whether Rolison's complaint alleges a prima facie retaliation case. The elements of a prima facie retaliation case under Title VII are: (1) the plaintiff engaged in a protected activity; (2) thereafter, the employer took an adverse employment action against the plaintiff; and (3) a causal link existed between the protected activity and the employer's action. Beaver v. DNRC, 2003 MT 287, ¶ 71, 318 Mont. 35, ¶ 71, 78 P.3d 857, ¶ 71 (citing Wrighten v. Metropolitan Hosps., Inc. (9th Cir.1984)...