Bishop v. Ohio Department of Rehabilitation & Corrections

529 F. App'x 685
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 9, 2013
Docket10-3399
StatusUnpublished
Cited by22 cases

This text of 529 F. App'x 685 (Bishop v. Ohio Department of Rehabilitation & Corrections) 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
Bishop v. Ohio Department of Rehabilitation & Corrections, 529 F. App'x 685 (6th Cir. 2013).

Opinions

OPINION

MARK A. GOLDSMITH, District Judge.

Appellants Dawn Bishop and Brandi Henry brought this lawsuit under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., alleging that they were terminated from their positions as corrections officers for Appellee Ohio Department of Rehabilitation and Corrections (ODRC) in retaliation for complaining of gender discrimination perpetrated by their immediate superior, Lt. Yvonne Richardson. Bishop and Henry do not argue that the individual who made the decision to terminate them, Warden Deborah Tim-[687]*687merman-Cooper, held any retaliatory animus toward them. Rather, proceeding on a so-called “cat’s-paw” or “rubber-stamp” theory, they argue that Lt. Richardson, motivated by retaliatory animus, influenced the Warden through the submission of negative performance evaluations on which the Warden relied in reaching her decision. The district court granted summary judgment in favor of ODRC, concluding that Bishop and Henry failed to carry their burden to show that there was a genuine factual dispute whether ODRC’s asserted reason for the terminations was a mere pretext for retaliation. For the reasons that follow, we reverse the district court’s judgment and remand the case for further proceedings.

I. BACKGROUND

Dawn Bishop and Brandi Henry began working for ODRC as corrections officers in January 2005. They were assigned to London Correctional Institution (LCI) and worked the third shift, which ran from 10:00 p.m. to 6:00 a.m.

Deborah Timmerman-Cooper was the warden of LCI at the time and was the ultimate decisionmaker with regard to disciplinary action, as well as hiring and firing. The Warden was assisted by three deputy wardens and a major. The major supervised the captains, who acted as shift commanders and were responsible for the operation of the facility during that shift. Captains were assisted by lieutenants, who directly supervised the corrections officers. Corrections officers were responsible for securing and maintaining control over the inmates of the institution.

The third shift was supervised by two captains and three lieutenants. The lieutenants were responsible for creating schedules, initiating disciplinary action, and evaluating the performance of corrections officers through performance evaluations. The captains reviewed and signed off on schedules and performance evaluations created by the lieutenants.

Newly-hired corrections officers were subject to a one-year probationary period. Bishop and Henry were at all times probationary officers. As probationary officers, Bishop and Henry were at-will employees and subject to termination without just cause. Additionally, their performance was evaluated every 60 days. Each performance review consisted of a rating system in which officers were rated “below,” “meets,” or “above” in various categories. The officers also received an overall rating of “satisfactory” or “unsatisfactory” and specific comments about their performance. In evaluating an officer, the reviewing lieutenant could seek input about the officer’s performance from other lieutenants.

Lt. Yvonne Richardson directly supervised Bishop and Henry during their probationary employment, which began in January 2005 and ended in December 2005. Throughout their tenure at LCI, Bishop and Henry — along with other female officers — claimed to have experienced hostile and discriminatory treatment by Lt. Richardson. For example, Henry testified that Richardson treated her rudely, gave her dirty looks, and berated her in front of inmates. Bishop testified that Lt. Richardson asked her inappropriate personal questions about her ex-boyfriend. Both Henry and Bishop, along with other female corrections officers, testified that Lt. Richardson treated male officers more favorably than female officers.

Bishop and Henry’s main issue with Lt. Richardson was her scheduling system, which they and other female corrections officers felt gave preferential post assignments to male officers. Specifically, Bishop, Henry, and others claimed that fe[688]*688male officers were disproportionately scheduled to work at dormitory posts, which were considered less desirable than other duty stations, and were assigned to outside posts more frequently in inclement weather than were male officers. Bishop, Henry, and five other female corrections officers made their views about Lt. Richardson’s purported discriminatory practices known through a complaint, discussed in detail below, that was jointly submitted directly to the Warden in October 2005.

Prior to submitting their complaint, Bishop and Henry both earned positive performance evaluations in their four-month, six-month, and eight-month reviews, receiving “meets” in all categories and overall ratings of “satisfactory.” Their eight-month evaluations, which cover the time period from January 25, 2005 until September 24, 2005, would be their last unqualifiedly positive reviews.

On August 16, 2005, Bishop was reprimanded for being two minutes late to a training session on July 15, 2005. Although the reprimand occurred within the time period covered by her eight-month performance evaluation, that evaluation mentioned nothing about the reprimand; in fact, in the comments section of Bishop’s eight-month evaluation, Lt. Richardson commended Bishop on her attendance, writing that Bishop had “never missed a day of work.”1

On September 11, 2005, Bishop failed to properly record observations during a suicide-watch post. Lt. O. Barney recommended that no action be taken beyond his counseling of Bishop, but the Warden disagreed and issued a written reprimand to Bishop on September 29, 2005. The Warden felt that a written reprimand was warranted because “suicide watches are extremely important to make sure the documentation is done appropriately ... because that’s the life of an inmate.” Warden Dep. at 135. Bishop received this reprimand during the time period covered by her ten-month evaluation. That evaluation is discussed in more detail below.

In October 2005, Bishop and Henry — as well as five other female corrections officers — submitted a detailed complaint to the Warden, dated October 3, 2005, regarding Lt. Richardson’s alleged discriminatory practices against female “relief’ corrections officers assigned to the third shift.2 In their complaint, which is two and a half single-spaced pages in length, the complaining parties explain their belief that Lt. Richardson favored male officers in creating workplace schedules, using statistical evidence showing that female relief officers on the third shift were less frequently assigned desirable posts and more frequently assigned undesirable posts. In addition, the complainants describe what they believe was a gender-based “hostile work environment” created by Lt. Richardson, writing that they were “forced to walk on egg shells” for fear that they could be “humiliate[d]” and “intimidate[d]” by Lt. Richardson at any time, and that Lt. Richardson “abuse[d] and misuse[d] her authority ... to cause discomfort and fear for our jobs.” The complainants also noted that, on several occasions, Lt. Richardson improperly “question[ed] them about their personal lives.”

The time stamp on the complaint reflects that it was received by the Warden on October 17, 2005, at which time the [689]*689Warden discussed it with Major Bill Kelly.

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Bluebook (online)
529 F. App'x 685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bishop-v-ohio-department-of-rehabilitation-corrections-ca6-2013.