Stewart v. Independent School Dist. No. 196

• Decision Date: 06 April 2007
• Docket Number: No. 06-1870.,06-1870.
• Citation: 481 F.3d 1034
• Parties: Jane E. STEWART, Plaintiff-Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 196, Defendant-Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

481 F.3d 1034

Jane E. STEWART, Plaintiff-Appellant, v. INDEPENDENT SCHOOL DISTRICT NO. 196, Defendant-Appellee.

No. 06-1870.

United States Court of Appeals, Eighth Circuit.

Submitted: November 14, 2006.

Filed: April 6, 2007.

Frank Vogel, argued, Minneapolis, MN, for appellant.

Stephen G. Anderson, argued, Minneapolis, MN, for appellee.

Before LOKEN, Chief Judge, LAY¹ and MELLOY, Circuit Judges.

MELLOY, Circuit Judge.

Jane Stewart appeals the district court's² grant of summary judgment on claims under the anti-retaliation provisions of the Age Discrimination in Employment Act, 29 U.S.C. § 623(d) ("ADEA") and Americans with Disabilities Act, 42 U.S.C. § 12203(a) ("ADA"). She also seeks review of the district court's refusal to exercise supplemental jurisdiction over Minnesota statutory and common-law claims. We affirm the judgment of the district court.

I. Background

Independent School District No. 196 ("the District") is Minnesota's fourth largest school district. Starting in 1994 and continuing through July 1, 2000, Stewart served as the Director of Education Services for the District. In this position, she was a member of the superintendent's cabinet. The superintendent for the District during this time was John Haro. Haro previously had worked with Stewart in California and was superintendent when the District hired Stewart. As Director of Education Services, Stewart had many duties, including responsibility for a budget of over $3,000,000. She also chaired a committee to create an alternative school and performed a number of other administrative-level tasks.

Prior to holding this position, Stewart had worked as a teacher in a number of schools in Wisconsin, Florida, and California. She then worked as a specialist for a drug abuse program in the County Office of Education in San Diego, California, a counselor in an adult high school diploma program, and a counselor in a high school. Next, she taught special education, worked as an elementary school vice-principal, and worked as a high school vice-principal at a school in Antioch, California. Immediately before starting work for the District, she worked as a testing and curriculum consultant to school districts in California on behalf of a publishing company. She holds a B.A., an M.A., and a Ph.D.

As a result of budget cuts and a failed tax levy, the District eliminated Stewart's position in 2000. She does not allege that the elimination of her position in 2000 was improper, discriminatory, or in retaliation for any type of protected conduct. The District placed her on an unrequested leave of absence following the elimination of her position. This entitled her to recall rights that allowed her to return to her previous position (if the position were to be restored) or to other positions of equal or lesser rank or pay level that might become available (if she had the necessary licenses and seniority to fill such other positions) for a period of five years. When the District eliminated her position, Haro provided a favorable letter of recommendation for Stewart. Before her last day of work as Director of Education Services, Stewart obtained a new job as the principal of an elementary school in Wisconsin. Stewart worked as principal at the elementary school in Wisconsin throughout the 2000-01 and 2001-02 school years.

In 2001, the position of Director of Secondary Education came open in the District. According to Stewart, this position was second in rank only to the position of superintendent. Stewart asked to be named Director of Secondary Education and claimed her recall rights applied to the position. The District told Stewart she didn't have recall rights to the position because it was a higher rank than her prior position. Stewart claims that it was not truly a position of higher rank but that the District added a stipend to the salary for the express purpose of raising the position to a pay level above that covered by her recall rights. The District also told her that she lacked experience as a high school principal and that such experience was important for the position. The District hired John Currie, a former high school principal within the District, for the position.

In November 2001, Stewart filed an EEOC complaint alleging age and gender discrimination because Currie was male and younger than Stewart (Stewart was born in 1942). Stewart identifies this EEOC complaint as her first act of protected conduct and relies on this EEOC complaint as one of her protected acts for the purpose of her retaliation claim under the ADEA.³

Between November 2001 and April 2002, the District notified Stewart of several different jobs that were open and available to her through the exercise of her recall rights, given her qualifications and seniority. As to each job, she declined to exercise her recall rights. None of the jobs that Stewart rejected were at a pay level equal to or greater than her prior position.

In April 2002, approximately five months after she filed her EEOC complaint, the District notified her via email that there was an opening for a high school principal and that her recall rights applied to the position. Haro stated in his deposition that the site of the vacancy was not determined when a position was first offered to Stewart because the District followed a lateral transfer policy. The policy gave rights to principals at other schools in the District to claim open positions and transfer laterally when positions came open. Stewart responded that she would accept the position of high school principal "provided that the following conditions are determined and agreeable to me: 1) location of the position, 2) compensation package (i.e., salary schedule, placement, health benefits, degree recognition, etc.)." The District eventually determined that the vacancy was at Eagan High School and notified Stewart of the location. Stewart accepted the position.

Eagan High School is an award-winning school, and the position of principal at Eagan is a high-profile position within the District. Stewart describes Eagan as the flagship school for the District. The actions of concerned and interested parents and faculty members at Eagan, as described below, suggest that these groups agree with Stewart's characterization of the school. These actions also show that the faculty and parents had no reservations about expressing their opinions on matters concerning leadership at the school. These groups were not supportive of having the administration appoint a new principal without first seeking their input.

After Stewart accepted the job at Eagan, Currie, Haro, and others told her that the faculty had wanted an insider—one of the current assistant principals—to be appointed principal and that the faculty were unhappy about Stewart's appointment. According to Stewart, Haro told her on May 9, 2002 that the assignment would be "interesting and tough." Stewart also reports that Currie told her the position would be "miserable." Stewart spoke directly to some current and former staff members who, according to Stewart, "cautioned me about taking this position because the staff wanted one of their own and would make my life miserable." The outgoing principal told Stewart to ask for another assignment and reported that "the staff was doing research on [Stewart] and trying to `dig things up.'"

Haro and Currie were aware of the situation with the faculty at Eagan and met with the faculty immediately after the announcement of Stewart's appointment. Although Stewart was not present at the meeting between Haro, Currie and the staff, she characterizes it as a meeting where Haro and Currie "listened to staff bickerings concerning Stewart without making any effort whatsoever to positively support her." Haro and Currie state that they met with faculty members, told them Stewart was entitled to the principal position through the exercise of her recall rights, and told them the District believed Stewart deserved an opportunity to succeed at Eagan High School. Haro and Currie also state that they would not normally meet with faculty in relation to the announcement of a new appointment, but did so in this instance because they knew of the faculty's concerns and wanted to defuse the situation.

Stewart was scheduled to visit Eagan on May 16, 2002 to be introduced to the faculty. She attempted to schedule an appointment with the departing principal prior to the faculty meeting, but the departing principal refused to spend substantial time with her in advance of the meeting, stating that it would be too disruptive and that she should come one hour before the meeting. When Stewart arrived for the faculty meeting, she encountered an apparently well-organized show of opposition. Many of the teachers were wearing identical shirts as a show of solidarity. Many teachers asked pointed and hostile questions that reflected a good deal of research into Stewart's past and, although presented as questions, amounted largely to accusatory statements indicting her qualifications, personality, and past performance. Many of the teachers participated in an organized walk-out from the introductory meeting. The meeting was videotaped and transcribed, without advance notice to Stewart.

Haro and Currie were present for the May 16 meeting. According to Stewart, Haro introduced her and sat down, but did nothing to constrain the hostility from the faculty nor to prevent the videotaping of the meeting. In depositions, Currie described the meeting as "tense and pointed and hostile" and Haro described the meeting as "tense." A transcript of the meeting reveals that Haro introduced Stewart and turned control over to her following the introduction. Stewart does not allege that she asked anyone to turn off the recording equipment.

After the meeting, the videotape and Stewart's resume appeared on the Eagan High School Web site without her knowledge and consent. The videotape was taken off the site...