Ann Nadia Tye, Cross-Appellee v. Board of Education of the Polaris Joint Vocational School District, Cross-Appellants

811 F.2d 315
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 15, 1987
Docket85-3631, 85-3941
StatusPublished
Cited by37 cases

This text of 811 F.2d 315 (Ann Nadia Tye, Cross-Appellee v. Board of Education of the Polaris Joint Vocational School District, Cross-Appellants) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ann Nadia Tye, Cross-Appellee v. Board of Education of the Polaris Joint Vocational School District, Cross-Appellants, 811 F.2d 315 (6th Cir. 1987).

Opinions

MERRITT, Circuit Judge.

Ann Tye, plaintiff-appellant, appeals from a judgment in favor of defendant Polaris Board of Education and other individual defendants in her Title VII sex discrimination suit. In this appeal, Ms. Tye contends that the trial court erred in law and fact by finding the defendants’ proof sufficient to rebut both her prima facie case and her proof of pretext. The Board cross-appeals the denial of attorney’s fees and restrictions placed on pre-trial discovery. For the reasons stated below, we now reverse and remand.

Ann Tye was employed by the Board of Education of the Polaris Joint Vocational School District as a vocational guidance counselor for three years from September 1979 through June 1982. Ms. Tye’s employment for this period was obtained under a series of one-year limited contracts. In March, 1982, fiscal constraints forced the Board to eliminate a number of staff positions throughout the district. As part of this cutback, two of the four vocational guidance counselor positions at Ms. Tye’s school were slated for elimination. One of these positions was eliminated by attrition, and the other by non-renewal of appellant’s contract. One of the two surviving positions was filled by Mr. Ernest Mason, a former coworker of [317]*317the appellant. This action is based on the decision of Dr. Richard Mueller, the school superintendent, to recommend renewal of Mr. Mason’s contract instead of Ms. Tye’s. In this context, non-renewal of a contract is tantamount to a dismissal and constitutes an actionable employment decision under Title VII. Ford v. Nicks, 741 F.2d 858, 860 n. 1 (6th Cir.1984), cert. denied, 469 U.S. 1216, 105 S.Ct. 1195, 84 L.Ed.2d 340 (1985).

The proper procedure for adjudication of Title VII claims is set forth by the Supreme Court cases of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), and Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981). On appeal, we review factual findings of the District Court under the “clearly erroneous” standard set forth in Rule 52(a) of the Federal Rules of Civil Procedure. See Anderson v. City of Bessemer City, 470 U.S. 564, 105 S.Ct. 1504, 84 L.Ed.2d 518. McDonnell Douglas and Burdine establish a three-part structure of shifting burdens of production:

1. To prove a prima facie case, “[t]he plaintiff must prove by a preponderance [sic] of the evidence that she applied for an available position for which she was qualified, but was rejected under circumstances which give rise to an inference of unlawful discrimination.” Burdine, 450 U.S. at 253, 101 S.Ct. at 1093. One way for the plaintiff to carry this burden is to prove the elements of a hypothetical case posed in McDonnell Douglas: “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; (iii) that, despite his qualifications, he was rejected; and (iv) that, after his rejection, the position remained open and that the employer continued to seek applicants from persons of complainant’s qualifications.” 411 U.S. at 802, 93 S.Ct. at 1824.
2. If the plaintiff carries this burden, the defendant must then “articulate some legitimate, nondiscriminatory reason for the employee’s rejection.” 411 U.S. at 802, 93 S.Ct. at 1824.
3. If the defendant carries this burden, then the plaintiff must show that the defendant’s stated reason was pretextuaj. 411 U.S. at 804, 93 S.Ct. at 1825.

The basic issue here is whether an employer may prevail when he stipulates to untrue reasons given to rebut a prima facie case and then refuses to give any coherent and understandable reason — subjective or objective — for an employment decision covered by Title VII.

Since it was obvious that Ms. Tye established a prima facie case,1 the trial [318]*318court focused solely on the defendant’s reasons for the employment action. Appendix at 28. In order to meet its burden at this point the Board had to produce admissible evidence that Mr. Mason was preferred for a legitimate, nondiscriminatory reason. Burdine, 450 U.S. at 254, 101 S.Ct. at 1094. The purpose of this stage of the proceeding is two-fold: it is necessary to rebut the inference of discrimination that attaches upon proof of a prima facie case, and it narrows the range of explanations that the plaintiff must disprove in order to show pretext. Burdine, 450 U.S. at 258, 101 S.Ct. at 1096; Rowe v. Cleveland Pneumatic Co., 690 F.2d 88, 96-97 (6th Cir. 1982). Thus, while this burden is only one of production and not persuasion, it is elementary that the evidence produced must be clear, reasonably specific, and legally sufficient to justify a judgment for the defendant if not disproved by the plaintiff. Burdine, 450 U.S. at 255, 258, 101 S.Ct. at 1094, 1096. If the employer fails to carry this burden, the plaintiff is entitled to judgment as a matter of law. Burdine, 450 U.S. at 254, 101 S.Ct. at 1094.

If the defendant successfully articulates a legitimate reason, however, the presumption of discrimination imposed by McDonnell Douglas disappears. See U.S. Postal Service Board of Governors v. Aikens, 460 U.S. 711, 715, 103 S.Ct. 1478, 75 L.Ed.2d 403 (1983). At this stage, a Title YII trial is procedurally indistinguishable from any other civil trial. The shifting burdens have run their course, and the trial court must now turn its attention to the ultimate question of fact: Did the defendant intentionally discriminate against the plaintiff? At this last stage, sufficiency of the parties’ proof as to the intermediate McDonnell Douglas burdens is usually no longer an issue. Aikens, 460 U.S. at 713-14, 103 S.Ct. at 1480-81. Yet, the trial court’s decisions regarding these intermediate burdens cannot be shielded from appellate review simply because the court ignored its error and proceeded with the proof. An unrebutted prima facie case entitles the plaintiff to judgment as a matter of law, and a trial court’s failure to grant such relief may be redressed on appeal. With this procedural framework in mind, we now turn to the issues presented by this case.

Ms. Tye contends that the reasons prof-erred by the Board for her non-renewal were insufficient to meet the intermediate burden described above. Reviewing the record as a whole, we find that the District Court was correct in finding the defendants’ proof sufficient. To meet their burden, the defendants submitted a list of ten reasons for the decision:

1. A statutory right to non-renew limited contracts such as Ms. Tye’s;
2. The collective bargaining agreement covering Ms.

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Bluebook (online)
811 F.2d 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ann-nadia-tye-cross-appellee-v-board-of-education-of-the-polaris-joint-ca6-1987.