Daniels v. Pike County Commissioners

706 F. App'x 281
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 29, 2017
Docket16-4000
StatusUnpublished
Cited by15 cases

This text of 706 F. App'x 281 (Daniels v. Pike County Commissioners) 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
Daniels v. Pike County Commissioners, 706 F. App'x 281 (6th Cir. 2017).

Opinions

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2000e-17, is not a “general civility code for the American workplace.” Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75, 80, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998); see also Faragher v. City of Boca Raton, 524 U.S. 775, 788, 118 S.Ct. 2275, 141 L.Ed,2d 662 (1998). Consequently, the statutory scheme will not protect employees from all acts of . a boorish, callous, condescending, or overbearing supervisor. However, Title VII can, and does, protect the rights of employees not to be subjected to job-related discrimination on the basis of gender, 42 U.S.C. § 2000e-2(a)(1), or to retaliation for making a charge of discriminatory practices. 42 U.S.C. § 2000e-3(a). In this case, plaintiff Pamela Daniels1 alleges, under both federal and state law, that defendant Charles Robert (Rob) Junk, Jr.,2 the Pike County (Ohio) prosecutor, created a hostile work environment in his office and terminated Daniels’s employment in the office solely because of her gender, that Junk'retaliated against her for reporting the harassment, and that Junk’s actions amounted to intentional infliction of emotional distress. In a thorough written opinion, the district court granted summary judgment to Junk on each claim, and Daniels now appeals. For the reasons discussed below, we conclude that Daniels has identified a genuine dispute of material fact that precludes summary judgment for Junk on Daniels’s claim of retaliation. Thus, we reverse the district court’s decision on that one cause of action but affirm the rest of the district court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Junk hired Daniels as a secretary in the Pike County prosecutor’s office in November 1997, a year after he first was elected as county prosecutor. By 2013, Daniels had [283]*283moved into the victim’s-advocate/witness-coordinator position in the office and, at that time, enjoyed a generally good working relationship with Junk,

That relationship began to fray, however, in October 2013 after Junk attended a seminar on restoring public trust in government offices. According to Junk:

I was sitting, there, and it really embarrassed me some of the things [the speaker] said. And I remember what my mom said, “Every time I come [to the prosecutor’s office] they are having a party out front.” That’s embarrassing. And as luck would have it, that day Allen Smith[, a former United States Marshal,] and I actually had lunch together. We went to a meeting at the Columbus Police Academy with some of the Homeland Security people, and he talked about people in the office not being professional and not dressing well, and how they answered the phone, and things like that.
And I was guilty of basically screwing off at work and getting on the Internet and things like that, too, And I did it on more than one occasion.
* * *
But I wanted to do something about it. And it was the straw that broke the camel’s back. I talked with Allen about it over lunch, and it’s just something that had been building.

When he returned from the seminar, Junk implemented a number of changes that ostensibly were designed to improve the professionalism in the office. Among those changes were requirements that staff work five eight-hour days (8:30 a.m. until 4:30 p.m.)—rather than four ten-hour days, as they had been doing for a period of time—that employees clock into and out of work each day, that staff no longer wear blue jeans or flip-flops in the office, and that office computers be used for business purposes only. Logical rationales were offered for each new guideline. For instance, even Daniels herself admitted that the switch back to the more-traditional five-day work week was warranted because, when scheduled to work four ten-hour days, “there were days people weren’t getting their full 10 hours in or working their full 10 hours.” Furthermore, Junk deemed use of a time clock necessary because he “was having problems with [Barron and Daniels] showing up on time, wanting to leave early and things like that.” Other employees also told Junk that, when he would be in court, “[Daniels] would stroll in around 9:00.” Moreover, Junk himself sometimes had to answer the telephones himself because Daniels and Barron “left the office uncovered at times.”

Daniels does not dispute that office personnel often wore jeans and flip-flops to work because, up to that point, Junk had not implemented a dress code. After returning from the seminar, however, and in light of comments from Junk’s ex-mother-in-law that the officer personnel “never looked professional up front”, Junk re-, quired that the women wear more-professional office attire—“dress pants, dress clothes, no flip-flops.” Daniels “did not have a problem with that at all” and “was more than willing to comply with” the new dress code.

The final component of Junk’s effort to improve office productivity involved a directive emphasizing that office computers were to be used for government work only. Even so, Junk did allow the computers “to be used for personal use during lunchtime and after hours.” To ensure compliance with the new policy, early one morning, Junk accessed the search histories on the work computers used by the women in the office. When the women arrived for work, the search histories remained on their screens to alert them that Junk indeed had [284]*284checked on their unauthorized computer usage.

Clearly, none of the remedial measures undertaken by Junk were, in and of themselves, improper. Daniels alleged, however, that .the directives were enforced in a dis-eriminatoiy manner. Specifically, she claimed in her deposition testimony that only the female employees in the office were expected to abide by the 8:30-4:30 workday. But she also conceded, that although the male employees did not work strictly from 8:30 until 4:30, they had been working, and continued to work, five eight-hour days, usually from 7:00 a.m. until 3:00 p.m. Most of the men, who worked outside the office, also were not required to clock in and clock out when beginning and ending their workdays and were allowed to continue to wear jeans while performing their official duties as investigators and diversion officers. Daniels also claimed that Junk accessed the search histories only on the computers used by the female staff. Junk, however, defended that fact by explaining that the layout of the office allowed him to see what one of the male employees was doing on his computer during the day, and another male employee normally was on the road driving individuals to and from court.

Daniels stated that, in addition to the allegedly discriminatory office policies implemented by Junk, the prosecutor engaged in other actions that indicated a desire to treat female employees more harshly than male employees, and Daniels more harshly than even other female office staff.

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706 F. App'x 281, Counsel Stack Legal Research, https://law.counselstack.com/opinion/daniels-v-pike-county-commissioners-ca6-2017.