Chanita Farmer v. Cleveland Public Power and City of Cleveland

295 F.3d 593, 2002 U.S. App. LEXIS 12820, 89 Fair Empl. Prac. Cas. (BNA) 409, 2002 WL 1393608
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 28, 2002
Docket00-4613
StatusPublished
Cited by50 cases

This text of 295 F.3d 593 (Chanita Farmer v. Cleveland Public Power and City of Cleveland) 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
Chanita Farmer v. Cleveland Public Power and City of Cleveland, 295 F.3d 593, 2002 U.S. App. LEXIS 12820, 89 Fair Empl. Prac. Cas. (BNA) 409, 2002 WL 1393608 (6th Cir. 2002).

Opinion

OPINION

GILMAN, Circuit Judge.

Chanita Farmer brought this lawsuit against her employers, Cleveland Public Power (CPP) and the City of Cleveland, alleging (1) a violation of her First Amendment rights, (2) the commission of a public-policy tort, (3) racial and gender discrimination, (4) the existence of a hostile work environment, and (5) retaliation following her complaints about the purported discrimination. The district court granted the defendants’ motion for summary judgment with respect to Farmer’s first four claims, but allowed her retaliation claim to *597 proceed to trial. At trial, the jury returned a unanimous verdict in favor of the defendants. For the reasons set forth below, we AFFIRM the judgment of the district court.

I. BACKGROUND

A. Factual background

Farmer, an African American woman, began working for CPP as a Personnel Administrator in September of 1992. Her initial responsibilities included managing the personnel and payroll unit, supervising staff, reviewing performance evaluations, conducting disciplinary hearings, and serving as the contact person for CPP’s GATE program (now called the Employee Assistance Program), which provides support to employees facing psychological, marital, or other emotional problems. She was also involved in formulating policies regarding human resources, employee recruitment and benefits, and compliance with federal employment and labor laws.

Within a few years, however, work-related problems began to develop. Farmer was suspended on several occasions for conduct unbecoming an employee in the public service. In the first disciplinary action, CPP Commissioner Nagah Ramadan suspended Farmer for three days in June of 1995. This suspension was in response to a physical altercation that Farmer had with one of her eoworkers and a security officer in CPP’s public space on May 15,1995.

Farmer’s second suspension occurred in December of 1995. This ten-day suspension was the result of an incident that occurred on November 28, 1995, when Farmer confronted a coworker and interrupted Ramadan by shouting at the commissioner in CPP’s public space.

Her third suspension took place on August 28, 1998. This disciplinary action, a one-day suspension without pay, was the result of an altercation that occurred earlier that month, when Farmer again argued with a coworker in CPP’s public space.

Farmer’s work responsibilities gradually changed over the course of her employment with CPP. The first modification occurred in May of 1994, when several of her duties were assigned to another employee. Approximately two years later, in March of 1996, Ramadan reprimanded Farmer for altering a coworker’s payroll records. Several months after the reprimand, another employee became the contact person for all payroll and personnel matters. Farmer stopped receiving interoffice correspondence regarding labor relations around the same time. The next decrease in Farmer’s responsibilities occurred in December of 1996, when Ramadan transferred more of the duties that Farmer had previously performed to another employee who became a Personnel Administrator. Finally, Farmer’s role as the contact person for the GATE program terminated in June of 1997, when a different person was assigned that duty.

The performance evaluations that Farmer received for 1996 1997 and for 1999-the only reviews that appear in the record— gave her ratings of 1.96 and 2.025, respectively. A score of 5.0 was the highest possible rating. The 1996 evaluation indicated that Farmer’s responsibilities had been reduced as a result of her failure to manage the personnel area efficiently and effectively.

Farmer expressed interest in transferring to another City department in August of 1998. She subsequently applied for eight positions with the City in late August and early September of that year. None of the applications resulted in Farmer being offered a new job. During the open-applications period of March 1 to 12, 1999, Farmer again sought to obtain a different position by submitting applica *598 tions for eight job openings within CPP. Farmer once more was not offered a new position.

In response to her suspensions, the reduction in her duties, her negative performance evaluations, and the various confrontations that she had had with her superiors, Farmer filed charges of discrimination with the Equal Employment Opportunities Commission (EEOC) on seven different occasions between December of 1996 and January of 2000. She also complained about her treatment in various internal grievance proceedings that she submitted to CPP officials and to the City’s Department of Personnel and Human Resources, Division of Equal Employment Opportunity. Despite these various charges and grievances, Farmer continues to be employed by CPP as a Personnel Administrator.

B. Procedural background

This lawsuit was filed in the United States District Court for the Northern District of Ohio in April of 1999. Farmer’s complaint, as amended, contains five causes of action. Her first count, brought under 42 U.S.C. § 1983, alleges that the defendants violated her First Amendment rights by taking hostile and retaliatory actions against her because of her statements accusing CPP of political nepotism. The second count alleges that the defendants committed a public-policy tort because they failed to adhere to the statutes, rules, and regulations governing the Civil Service System in Ohio as a result of their purported political nepotism. Farmer’s final three counts allege that the defendants violated Title VII of the Civil Rights Act of 1964 by (1) discriminating against her on the basis of race and gender, (2) retaliating against her for filing charges of discrimination with the EEOC, and (3) creating a hostile work environment.

The defendants filed a motion for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, in June of 2000. Four months later, the district court partially granted the defendants’ motion. The court concluded that (1) Farmer had not engaged in speech that is protected by the First Amendment, (2) her public-policy tort claim failed because it was premised upon the same facts and involved the same elements as her First Amendment claim, (3) she was unable to establish a prima facie case of racial or gender discrimination, because Farmer had not presented a genuine issue of material fact as to whether she was qualified for any of the positions that she sought, and (4) Farmer’s hostile work environment claim failed because she did not present any evidence of harassment based upon race or gender. With respect to Farmer’s retaliation claim, however, the court concluded that genuine issues of material fact remained as to whether the adverse employment actions that Farmer experienced constituted retaliation for her decision to file charges of discrimination with the EEOC. The district court therefore denied the defendants’ motion for summary judgment regarding Farmer’s retaliation claim.

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Bluebook (online)
295 F.3d 593, 2002 U.S. App. LEXIS 12820, 89 Fair Empl. Prac. Cas. (BNA) 409, 2002 WL 1393608, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chanita-farmer-v-cleveland-public-power-and-city-of-cleveland-ca6-2002.