Anderson v. Memphis City Schools Board of Education

75 F. Supp. 2d 786, 1999 U.S. Dist. LEXIS 19264, 1999 WL 1133730
CourtDistrict Court, W.D. Tennessee
DecidedSeptember 14, 1999
Docket98-2332-V
StatusPublished
Cited by6 cases

This text of 75 F. Supp. 2d 786 (Anderson v. Memphis City Schools Board of Education) is published on Counsel Stack Legal Research, covering District Court, W.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Memphis City Schools Board of Education, 75 F. Supp. 2d 786, 1999 U.S. Dist. LEXIS 19264, 1999 WL 1133730 (W.D. Tenn. 1999).

Opinion

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

VESCOVO, United States Magistrate Judge.

Plaintiff Ada Anderson, an African-American woman, sued the City of Memphis Board of Education (“the Board”), claiming that it discriminated against her on the basis of her race and gender in violation of Title VII, 42 U.S.C. §§ 2000e to e-16 (1994). Before the court 1 is the Board’s Motion for Summary Judgment. For the reasons that follow, the Board’s motion is GRANTED.

I. BACKGROUND AND UNDISPUTED FACTS 2

Plaintiff Ada Anderson was employed by the Board as a teacher of special education children at Frayser High School from at least 1993 until she took a disability leave on November 11, 1997. 3 Richard Hebert was employed at Frayser High School as the supervising building engineer from at least 1981 until his resignation on or about May 6,1997, although he took a continuous leave of absence for personal illness from October 30, 1995, to October 18, 1996. (Ricks Mason, Jr. Aff. ¶¶ 2-3.) Both parties agree that Hebert had no supervisory authority over plaintiff; she reported directly to the principal of the school. 4 At most, plaintiff and Hebert were co-workers. The essence of plaintiffs Title VII complaint is that Hebert made offensive comments to her, directed threatening physical gestures toward her, and that her supervisors failed adequately to respond to her requests for assistance.

Plaintiff points to a number of alleged events in support of her claim that Hebert harassed her because of her race and gender. She begins her list of grievances with a 1981 event in which Hebert allegedly referred to the children of a fellow employee by a racial slur after he treated them rudely. (Cassandra Turner Dep. at 11-12.) Plaintiff also claims that Hebert used the phrase “you people” in talking to an African-American employee in 1981. (Turner Dep. at 13-14.) Plaintiff was not involved with either of the 1981 incidents nor were these incidents reported to any administrator at Frayser.

The first complaint that plaintiff made to any administrator at Frayser about Hebert’s behavior came in 1993 or 1994. Plaintiff alleges that she told the principal, Becky Howard, that Hebert had used racial slurs and acted in an offensive man *789 ner. 5 (Pl. Dep. at 54-55.) When pressed for details, the only specific racial slur plaintiff identified was “you people.” {Id. at 56.) Plaintiff claims that Howard laughed about Hebert, told her to come directly to the principal if she had any problems with him, and referred to him as “just an old racist, white man.” {Id. at 55.)

Plaintiff alleges two negative encounters with Hebert in August 1995. Plaintiff claims that one day in August 1995 during in-service training, Hebert brushed against her while she was bent over putting her lunch into a refrigerator in Hebert’s office and made a sexually suggestive comment toward her. 6 (PL Dep. at 97-98.) She concedes that she never mentioned this event to the principal or any other school administrator or filed a complaint about the matter. In addition, plaintiff claims that around that same time Hebert cursed her in response to her request to move furniture from a storeroom into her classroom. Later, while plaintiff was attempting to move the furniture herself, Hebert blocked her access to the storeroom by slamming and locking the door. {Id. at 86-92.) Plaintiff testified, however, that on the same day she observed Hebert moving furniture for another female teacher, the home economics teacher. 7 {Id. at 86-92.) Plaintiff claims that two or three days later she indirectly mentioned this incident to the acting principal, Dr. Frederic Brooks, by asking him if he had given her permission to move the furniture. 8 (Id. at 90-91.) There is no proof that she informed Dr. Brooks that Hebert had refused to assist her or blocked her access to the furniture. Dr. Brooks offered to have someone move the furniture for her.

Neither of these events in August 1995 spurred plaintiff to take legal action. However, on or around September 7, 1995, plaintiff and Hebert engaged in a confrontation that led to the complaint with the Equal Employment Opportunity Commission (“EEOC”), and eventually to the case at bar. That afternoon, a female student at the school vomited in a bathroom near plaintiffs classroom. After the student was taken to the hospital, plaintiff told Hebert to clean the bathroom. Hebert became irate, cursed at plaintiff, told plaintiff “I don’t need nobody telling me how to do my damn job,” (PL’s Mem. in Opp’n. to Def.’s Mot. for Summ. J., Ex.5.) and according to plaintiff, “walked toward [her] with his hand back like he was going to strike [her].” (PL Dep. at 46.) Plaintiff filed a written complaint with Dr. Brooks that afternoon, her first written complaint of any sort about Hebert.

By all accounts, Dr. Brooks held a meeting with plaintiff, two Memphis Education Association (MEA) representatives, and Hebert on September 9, 1995, two days after the confrontation. During that meeting, Hebert claimed that the confrontation had been “blown out of proportion.” Nevertheless, Dr. Brooks issued a formal letter of reprimand to Hebert on September 12, 1995, and sent a copy of the letter to the Memphis City Schools Personnel Office. (Frederic Brooks Aff., Exh. B.) Hebert laminated the letter of reprimand and posted it in his office. When plaintiff notified Dr. Brooks that she was offended by the posting of the letter, he immediately instructed Hebert to remove the letter, and Hebert complied. (Brooks Aff. ¶ 7 .) As part of the resolution of this matter, Dr. Brooks also asked both plaintiff and Hebert to avoid each other. As plaintiff points out, the closest telephone to her classroom was in Hebert’s office, 9 and ac *790 cording to plaintiff, as a special education teacher the law required her to have access to a phone. In response to plaintiffs complaints, the school eventually installed a private phone line in plaintiffs classroom.

Plaintiff points to another episode in September 1999 to corroborate her claim that Hebert harassed her on the basis of her gender and race. Plaintiff claims that on September 11, 1995, she was returning with her class from a fire drill when she encountered a closed door. Hebert saw her and swung the door open with more force than necessary, frightening her. (PI. Dep. at 119-122.) Plaintiff submitted a written complaint three weeks later, on October 13, 1995. 10 (Brooks Dep. Exh. 3.) Dr. Brooks indicated that he received this complaint on or about November 4, 1999 after Hebert had taken a leave of absence from the school, that he investigated plaintiffs allegations, but that he was unable to substantiate them. (Brooks Aff. ¶ 11.)

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Bluebook (online)
75 F. Supp. 2d 786, 1999 U.S. Dist. LEXIS 19264, 1999 WL 1133730, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-memphis-city-schools-board-of-education-tnwd-1999.