Beardsley v. Webb

30 F.3d 524, 1994 WL 386866
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 26, 1994
DocketNos. 93-1732, 93-1747
StatusPublished
Cited by214 cases

This text of 30 F.3d 524 (Beardsley v. Webb) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Beardsley v. Webb, 30 F.3d 524, 1994 WL 386866 (4th Cir. 1994).

Opinion

Affirmed by published opinion. Senior Judge BUTZNER wrote the opinion, in which Judge PHILLIPS and Senior Judge YOUNG joined.

OPINION

BUTZNER, Senior Circuit Judge:

The principal issue in this appeal is whether provisions of the Civil Rights Act of 1991 for trial by jury to recover compensatory and punitive damages make Title VII of the Civil Rights Act of 1964 the exclusive remedy for claims of employment discrimination brought by public employees. See 42 U.S.C. §§ 1981a(a)-(b) (damages) and (c) (jury) (Supp. IV 1992). The district court held that Title VII was not the exclusive remedy for employment discrimination claims, 828 F.Supp. 397. It allowed Lisa M. Beardsley, a former employee of the Loudoun County, Virginia, sheriffs office, to maintain her 42 U.S.C. § 1983 action against her supervisor, John Webb, and Sheriff John R. Isom. From a judgment entered on the jury’s verdict awarding damages to Beardsley for discrimination Webb appeals. Beardsley cross-appeals the court’s summary dismissal of her other claims against Webb and Isom. Finding no reversible error among the many assigned, we affirm.

I

Webb contends that provisions of the Civil Rights Act of 1991 that allow the recovery of damages and provide for trial by jury establish that Title VII is the sole remedy for sexual harassment. Consequently, he argues, the 1991 Act precludes Beaj-dsley from bringing an action under § 1983 and the district court erred by denying his motion to [527]*527dismiss. He asserts that Congress intended the Act to provide sufficient remedies because its stated purpose is to provide “appropriate remedies” for unlawful harassment. Pub.L. No. 102-166, § 3 (codified at 42 U.S.C. § 1981, note (Supp. IV 1992)). He also points out that the Act explicitly does not limit § 1981 but is silent with respect to any limitation of § 1983. See 42 U.S.C. § 1981a(b)(4) (Supp. IV 1992). This omission, he claims, makes it reasonable to assume that the Act precludes suits for sexual harassment under § 1983.

This and other circuits have long recognized that prior to 1991 Congress did not intend Title VII to be the sole remedy for a public employee’s claim of employment discrimination. The reasons for concluding that Congress preserved a cause of action under § 1983 have often been explained; they need not be repeated here. See Alexander v. Gardner-Denver Co., 415 U.S. 36, 48-49, 94 S.Ct. 1011, 1019-20, 39 L.Ed.2d 147 (1974); Keller v. Prince George’s County, 827 F.2d 952, 956-63 (4th Cir.1987). In light of appellate case law that Title VII and § 1983 coexist to afford relief for employment discrimination, it is quite unlikely that Congress implicitly intended the 1991 Act to bar claimants from seeking relief under § 1983. It is more reasonable to presume that Congress intended both avenues of relief to remain open. See Lorillard v. Pons, 434 U.S. 575, 580, 98 S.Ct. 866, 869, 55 L.Ed.2d 40 (1978).

We are unable to accept Webb’s argument that Congress intended Title VII to be a sufficient remedy for employment discrimination. The purpose of the Act to provide “appropriate” remedies must be read along with the congressional finding that “additional remedies under Federal law are needed to deter unlawful harassment and intentional discrimination in the workplace.” Pub.L. No. 102-166, § 2 (codified as 42 U.S.C. § 1981, note (Supp. IV 1992)). It would be perverse to conclude that the Congress that provided additional remedies simultaneously intended silently to extinguish the remedy that § 1983 has provided for many years.

Also misplaced is Webb’s contrast of the savings clause for § 1981 with the absence of a similar clause for § 1983 to buttress his claim that Congress implicitly abolished remedies that § 1983 had previously afforded. The 1991 Act overruled Patterson v. McLean Credit Union, 491 U.S. 164, 109 S.Ct. 2363, 105 L.Ed.2d 132 (1989), which limited § 1981 by excluding from its scope conduct that occurs after the formation of a contract. 491 U.S. at 175-85, 109 S.Ct. at 2371-77; see 42 U.S.C. §§ 1981(b) and (c) (Supp. TV 1992). Congressional concern with the scope of relief under§ 1981 does not establish that Congress intended to limit the scope of relief under § 1983. See Stoner v. Department of Agriculture, 846 F.Supp. 738, 740-41 (W.D. Wis.1994).

Webb’s argument that the remedies the 1991 Act added to Title VII obviate the need for the remedies afforded by § 1983 is based on a flawed premise. Title VII and § 1983 are not co-extensive in every respect. For example, Title VII does not apply to employers with less than 15 employees. 42 U.S.C. § 2000e(b). Section 1983 contains no similar limitation.

In Alexander v. Gardner-Denver Co., the Court observed:

[T]he legislative history of Title VII manifests a congressional intent to allow an individual to pursue independently his rights under both Title VII and other applicable state and federal statutes. The clear inference is that Title VII was designed to supplement, rather than supplant, existing laws and institutions relating to employment discrimination.

415 U.S. at 48-49, 94 S.Ct. at 1019-20 (citation omitted). Nothing in the text of the Civil Rights Act of 1991 or in its legislative history contradicts the Court’s recognition that Title VII does not supplant § 1983. See also Stoner, 846 F.Supp. 738; contra Marrero-Rivera v. Department of Justice of the Commonwealth of Puerto Rico, 800 F.Supp. 1024 (D.P.R.1992). The district court properly denied Webb’s motion to dismiss.

II

Beardsley began working for the Loudoun County, Virginia, sheriffs office in 1984. She was promoted to Field Operations Sergeant in 1988 and to Second Lieutenant [528]*528in 1989, becoming the highest ranking female in the department. First Lieutenant Webb supervised Beardsley in 1991 from the summer to October. No incidents occurred during this period. Webb again supervised Beardsley from March 1992 until Beardsley resigned in August 1992. The incidents that prompted Beardsley’s lawsuit occurred during this period. Because the jury returned a verdict in Beardsley’s favor, we review the evidence on this issue in the light most favorable to her.

In May 1992, Webb called Beardsley “honey” and “dear” in front of subordinates. Beardsley asked Webb to stop using these terms. Shortly after these encounters, Webb stood behind Beardsley during roll call and touched her shoulders.

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Bluebook (online)
30 F.3d 524, 1994 WL 386866, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beardsley-v-webb-ca4-1994.