Alexander v. Sisters of Charity of the Incarnate Word

43 F. Supp. 2d 704, 1999 U.S. Dist. LEXIS 5760, 1999 WL 242540
CourtDistrict Court, E.D. Texas
DecidedMarch 17, 1999
DocketNo. 1:98-CV-1552
StatusPublished

This text of 43 F. Supp. 2d 704 (Alexander v. Sisters of Charity of the Incarnate Word) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alexander v. Sisters of Charity of the Incarnate Word, 43 F. Supp. 2d 704, 1999 U.S. Dist. LEXIS 5760, 1999 WL 242540 (E.D. Tex. 1999).

Opinion

MEMORANDUM OPINION

COBB, District Judge.

Plaintiff, an African American woman, alleges that in 1996 she unsuccessfully applied for but was denied the position of Warehouse Day Supervisor at the Sisters of Charity Hospital' (hereinafter Sisters of Charity or, simply, Sisters) owned and operated by the Sisters of Charity of the Incarnate Word. This denial came after almost 20 years as an employee of the Sisters, during which time Plaintiff had advanced steadily and received good performance reviews. The employee who received the Day Supervisor job was a white female who had worked for less than one year for the Sisters of Charity and had significantly less experience than the plaintiff. Plaintiff proceeded to make inquiries [706]*706to the administration, first with the Sisters’ warehouse manager (who was white) then to the director of Human Resources (also white), then to the Sisters’ chief executive officer (white) and finally to the Sisters’ administrator (white). Eventually, Plaintiff received a letter of apology stating that her seniority had mistakenly not been considered.

Shortly thereafter, the same white female who had received the Day Supervisor position, announced her resignation. In response, the Sisters of Charity promised the white female another, higher paying position, if she would remain employed at the hospital. The white female did not resign and was provided the position of Inventory Control Coordinator. No job posting was ever made by the Sisters for this position, and Plaintiff was given no opportunity to apply for it. After making inquiries, Plaintiff was allegedly told that while the white female would have more job duties, her title would not change. The following week, despite the Sisters of Charity’s assurances, the white female’s job title changed, as evidenced by the fact that she began wearing a badge which identified her as the Inventory Control Coordinator.

Plaintiff made inquiries regarding the white female’s title change. Initially, the Sisters’ director of Human Resources claimed that the matter could not be discussed with her. After Plaintiff mentioned that she was denied an opportunity to apply for the job, she was told that a mistake had been made and that the job would be posted after all. Subsequently, the job was posted and Plaintiff submitted an application. Weeks later, the Sisters of Charity issued Plaintiff a letter stating that the position of inventory control coordinator would not be filled, but instead the decision on the position would be deferred. Meanwhile, the white female continued to perform the duties of the position.

After receiving the letter which claimed that the position would not be filled, and as the white female continued to perform the duties of the position, Plaintiff allegedly began to experience repeated acts of retaliation and harassment by the Sisters of Charity. These included being subjected to specious investigations, being threatened with suspension for refusing to sign a consent to reprimand form, being reprimanded for otherwise excused absences, being denied a raise, and being threatened with having complaints filed against her with the police.

During the time in which Plaintiff was allegedly being retaliated against by the Sisters, the same white female who was promoted to Day Supervisor and then provided the Inventory Control Coordinator job was promoted again. Although her new job required a college degree, the white female did not possess such a degree. In light of these facts, Plaintiff requested a job description from Human Resources for the position given to the white female, but was denied. Plaintiff was then told that the white female’s former position would be filled with a hire from outside personnel. Until the position was filled, Plaintiff and other employees in her department performed the white female’s former job duties.

Based on the above facts, Plaintiff alleges two claims, one for employment discrimination pursuant to 42 U.S.C. § 1981 and one for the intentional infliction of emotional distress. In terms of her § 1981 claim, Plaintiff claims that her experience is evidence of a larger practice by the Sisters of Charity of excluding African-Americans from promotion to positions of authority and management and of providing these positions to whites.

I. DISCRIMINATION CLAIM

Plaintiff alleges discrimination pursuant to 42 U.S.C. § 1981. Claims of racial discrimination brought under § 1981 are governed by the same evidentiary framework as claims of employment discrimination brought under Title VII.Wallace v. Texas Tech. Univ., 80 F.3d 1042 (5th Cir.1996); LaPierre v. Benson Nissan [707]*707Inc., 86 F.3d 444 (5th Cir.1996) fn. 2. citing Patterson v. McLean Credit Union, 491 U.S. 164, 186, 109 S.Ct. 2363, 105 L.Ed.2d 132. 491 U.S. 164, 109 S.Ct. 2363, 2377-78, 105 L.Ed.2d 132 (1989) (although Patterson, as it was decided in 1989, would have precluded Plaintiff’s § 1981 claim, it has since been overruled by Congress. See Pub.L. 102-166, Nov. 21, 1991, 105 Stat. 1071, Civil Rights Act of 1991) According to Title VII, the plaintiff must initially establish a prima facie case of discrimination. McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973); Meinecke v. H & R Block of Houston, 66 F.3d 77 (5th.Cir.1995); Bodenheimer v. PPG Indus., Inc., 5 F.3d 955, 957 n. 4 (5th Cir.1993). The prima facie case, if established, raises a presumption of discrimination, which the defendant must rebut by articulating a legitimate, nondiscriminatory reason for its actions. Texas Dep’t of Community Affairs v. Burdine, 450 U.S. 248, 254, 101 S.Ct. 1089, 1094-95, 67 L.Ed.2d 207 (1981); Meinecke, 66 F.3d at 83. If the defendant satisfies this burden, the presumption disappears, and the plaintiff must prove that the proffered reasons are a pretext for discrimination. St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 2747, 125 L.Ed.2d 407 (1993); Meinecke, 66 F.3d at 83; Bodenheimer, 5 F.3d at 957.

Under the above analysis, Plaintiff appears to have established a prima facie case, and thereby avoided the sanction of summary judgment. Under Title VII, a plaintiff must establish a prima facie case by showing (1) that she belongs to a racial minority; (2) that she applied for and was qualified for a job which the employer was seeking applicants; (3) that she was rejected despite her qualifications; and (4) that the position remained open, and the employer continued to seek applications from persons with her qualifications. Simmons v. Rothe Development, Inc.,

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Related

Bodenheimer v. PPG Industries, Inc.
5 F.3d 955 (Fifth Circuit, 1993)
Wallace v. Texas Tech Univ.
80 F.3d 1042 (Fifth Circuit, 1996)
McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Texas Department of Community Affairs v. Burdine
450 U.S. 248 (Supreme Court, 1981)
Patterson v. McLean Credit Union
491 U.S. 164 (Supreme Court, 1989)
St. Mary's Honor Center v. Hicks
509 U.S. 502 (Supreme Court, 1993)
Simmons v. Rothe Development, Inc.
952 F. Supp. 486 (S.D. Texas, 1997)
Twyman v. Twyman
855 S.W.2d 619 (Texas Supreme Court, 1993)

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Bluebook (online)
43 F. Supp. 2d 704, 1999 U.S. Dist. LEXIS 5760, 1999 WL 242540, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alexander-v-sisters-of-charity-of-the-incarnate-word-txed-1999.