D. Tammy COUTU, Plaintiff-Appellant, v. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, Robert H. Oldland, Defendants-Appellees

47 F.3d 1068, 1995 U.S. App. LEXIS 5442, 66 Empl. Prac. Dec. (CCH) 43,536, 67 Fair Empl. Prac. Cas. (BNA) 414, 1995 WL 81926
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 16, 1995
Docket93-4471
StatusPublished
Cited by181 cases

This text of 47 F.3d 1068 (D. Tammy COUTU, Plaintiff-Appellant, v. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, Robert H. Oldland, Defendants-Appellees) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D. Tammy COUTU, Plaintiff-Appellant, v. MARTIN COUNTY BOARD OF COUNTY COMMISSIONERS, Robert H. Oldland, Defendants-Appellees, 47 F.3d 1068, 1995 U.S. App. LEXIS 5442, 66 Empl. Prac. Dec. (CCH) 43,536, 67 Fair Empl. Prac. Cas. (BNA) 414, 1995 WL 81926 (11th Cir. 1995).

Opinion

PER CURIAM:

Plaintiff D. Tammy Coutu, a Mexican-Ameriean, brought this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2(a)(l) and 2000e-3(a), against her former employer, Martin County Board of County Commissioners, and Robert Oldland, the County Administrator. Coutu contends that defendants violated Title VII by terminating her employment and by declining to rehire her when another position with the County became available. Specifically, she alleges that defendants (1) discriminated against her because of her national origin and (2) retaliated against her because she filed a grievance against Oldland and protested allegedly unlawful discriminatory practices during her tenure with the County.

By stipulation of the parties, the case was tried before a jury. At the close of Coutu’s case, the district court granted a directed verdict in favor of Oldland, 1 but reserved ruling on defendants’ motion for a directed verdict in favor of the Board. After hearing all of the evidence presented by the parties, *1070 the district court found that the Board had demonstrated that Coutu was terminated as part of a reduction in force necessitated by County budgetary constraints and that Coutu had failed to prove that this legitimate, nondiscriminatory reason was pretextual. Accordingly, the district court granted a directed verdict in favor of the Board. For the reasons explained below, we affirm.

FACTS

Prior to 1983, Martin County did not have a centralized personnel section; each department did its own advertising, recruitment, and hiring of personnel. In early 1983, Robert Oldland, the County Administrator, reorganized all of the departments in the County and centralized the personnel responsibilities within his office. To handle these centralized personnel responsibilities, he requested and received Board approval for two new positions: a Personnel Assistant to the County Administrator, and a secretary. Oldland initially assigned the centralized personnel responsibilities to Sue Whittle, the Executive Assistant to the County Administrator, pending hiring for the two new positions. 2 In November 1983, Oldland hired the plaintiff; Tammy Coutu, to fill the Personnel Assistant position; and the centralized personnel responsibilities passed to her. 3

The new secretarial position was also filled, so that Coutu had one secretary to help her with the personnel responsibilities. 4 These responsibilities included establishing centralized personnel records; recruiting, screening, and testing potential employees; developing employee evaluation procedures, disciplinary programs, and grievance procedures; 5 revising the personnel manual; preparing a job description manual; 6 and implementing equal employment opportunity and affirmative action compliance programs. 7 As Personnel Assistant, Coutu reported directly to Oldland. 8

Coutu did not have a good working relationship with either Oldland or Whittle, Old-land’s executive assistant. 9 Several factors appear to have contributed to these poor working relationships. First, Coutu and Old-land had differing views of Coutu’s job responsibilities and priorities. Coutu repeatedly testified that she was hired to “stop discrimination.” 10 She saw herself as an employee advocate whose job it was to root out problems. Oldland believed that Coutu devoted too much time to her role as an employee advocate. 11 In his opinion, Coutu’s number one job priority was the revision of the personnel manual, 12 a job that Coutu never completed. 13 Second, Coutu felt that she was overworked and that she should have been provided with additional assistance to perform her duties. 14 Third, Oldland was ill during his tenure with the County. 15 According to Coutu, his illness caused him to have mood swings; sometimes he was jolly and sometimes he was hostile. 16 Coutu testified that when Oldland was in a good mood, he “was good to work with” 17 and Coutu “was his best buddy.” 18 Coutu had problems working with Oldland, however, when he was in a bad mood. She testified that she *1071 was not the only one who had such problems: “He had the mood swings, and I’m sure Mrs. Whittle had the same problem with him.” 19

Oldland gave Coutu two performance reviews, one in early 1985 and one in early 1986. 20 In the 1985 review, Oldland commented that Coutu needed to improve relationships with her co-workers and with supervisory personnel with whom she worked; that she needed to improve the manner in which she prioritized tasks, as she spent too much time on employee advocacy and insufficient time on required management tasks; and that she needed to complete tasks on schedule. 21 Coutu did not agree with any of the criticisms of her work contained in the evaluation; 22 she also disagreed with the performance rating Oldland gave her, and she wrote a three-page memorandum expressing her dissatisfaction with the rating. 23

In Coutu’s 1986 performance review, Old-land commented that Coutu was unable to accept constructive criticism; that, while she had improved her work scheduling, she still needed to prioritize her tasks and timely complete projects, particularly the personnel manual; and that she needed to develop personnel systems to reduce paper flow. 24 Again, Coutu did not agree with the criticisms in the performance review; she viewed them as “minor little things and I would have been able to take care of them properly and efficiently if I had had the requested additional help that I tremendously needed.” 25 Coutu also disagreed with the rating she received in the 1986 evaluation. After Old-land declined to change this rating, Coutu filed a grievance. 26

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47 F.3d 1068, 1995 U.S. App. LEXIS 5442, 66 Empl. Prac. Dec. (CCH) 43,536, 67 Fair Empl. Prac. Cas. (BNA) 414, 1995 WL 81926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/d-tammy-coutu-plaintiff-appellant-v-martin-county-board-of-county-ca11-1995.