Stensland v. City of Wilsonville
Decision Date | 14 December 2011 |
Docket Number | No. 03:11-cv-00490-HU,03:11-cv-00490-HU |
Parties | JADENE STENSLAND, Plaintiff, v. CITY OF WILSONVILLE, a municipality incorporated in the State of Oregon; MICHAEL BOWERS, an individual; and MICHAEL STONE, an individual; Defendants. |
Court | U.S. District Court — District of Oregon |
Abraham J. Barnett
The Barnett Firm, LLC
Attorney for Plaintiff
John Kreutzer
Brian K. Weeks
Smith Freed & Eberhard P.C.
Attorneys for Defendants
INTRODUCTION
The plaintiff Jadene Stensland brings this employment action against her former employer, City of Wilsonville (the "City"); her former direct supervisor, Michael Stone; and Stone's direct supervisor, Michael Bowers. The case is before the court on the defendants' motion seeking partial summary judgment as to certain of Stensland's claims, and dismissal of certain of her claims. Dkt. #10.
On March 14, 2006, the City extended an offer of employment to Stensland by way of a letter. Among other things, the letter specified that Dkt. #13, Decl. of Andrea M. Villagrana (the City's Human Resources Manager), Ex. 1, p.1. On March 17, 2006, Stensland accepted the employment offer by signing the bottom of the letter evidencing her agreement with the terms and conditions of employment outlined in the letter. Id., p. 2.
Enclosed with the letter offer was the City's "Manager Staff Directive #41," which stated as follows:
Id., Ex. 2; Dkt. #20-2, Amended Decl. of Plaintiff, Directive #41 (ECF p. 34 of 46). Stensland signed a legend at the bottom of Directive #41, indicating, "I, Jadene Stensland[,] have received and read a copy of this City Manager Directive regarding my at-will status as an employee of the City of Wilsonville." Id.
The City does not have an employee handbook, but does have a set of City Manager Staff Directives (collectively, the "Staff Directives") setting forth key policies and procedures of the City. Dkt. #14, Decl. of Michael Kohlhoff (City Attorney), ¶ 3; Dkt. #20, ¶ 22 & Ex. C. A copy of the Staff Directives was provided to Stensland during the course of her employment with the City. Dkt. #20, ¶ 22. The Staff Directives include, among other things, Directive #41, quoted above; Directive #11, describing the City's Administrative Leave policy; Directive #18, explaining the timing of performance evaluations, and their distribution by the Human Resources Assistant; and Directive #27, the City's anti-harassment and anti-discrimination policies and procedures. See Dkt. ##20-1 & 20-2.
Stensland began working for the City on April 24, 2006. She alleges that beginning at some point in 2008, and continuing untilher termination in the spring of 2010, she was subjected to ongoing gender-based discrimination and sexual harassment by Gerald Fisher, an employee under her direct supervision, and whom she claims is "a close personal friend" of Stone's. Dkt. #1, ¶ 9. Specifically, she alleges the following:
Stensland alleges that prior to her complaints about Fisher's discriminatory and harassing behavior, and the resulting hostile work environment, her performance evaluations always were satisfactory in all respects. She claims that in April 2010, Bowers approached her to discuss her work assignments, and during their meeting, Bowers "assured" her that a management-level employee could not be fired for performance-related issues "without first being counseled and given the opportunity to improve in those areas." Id., ¶¶ 31-32. However, despite her "requests for assistance from the management team over the course of eighteen months," Stensland never was offered any coaching or mentoring. Dkt. #20, ¶ 21. She was terminated on May 21, 2010. According to Stensland, her termination was "based on alleged performance related issues." Id., ¶ 33.
Stensland filed the instant case on April 21, 2011, asserting claims under 42 U.S.C. § 1983 and ORS § 659A.030, for sexual harassment, hostile work environment, wrongful discharge, retaliation, breach of contract, and violation of her constitu tional rights. Stensland claims the defendants' actions caused her to suffer "pain, fear, grief, anxiety, worry, and embarrassment," id., ¶ 42, and she seeks economic, noneconomic, and punitive damages, id., p. 18. She has alleged ten causes of action:
Dkt. #1.
On October 30, 2009, Stensland filed a petition for relief under Chapter 7 of the Bankruptcy Code, 11 U.S.C. § 701 et seq. See Dkt. #12, Decl. of Brian K. Weeks, Ex. 1 (copy of...
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