Davis v. State University of New York

802 F.2d 638, 42 Fair Empl. Prac. Cas. (BNA) 77, 1986 U.S. App. LEXIS 31856, 42 Empl. Prac. Dec. (CCH) 36,816
CourtCourt of Appeals for the Second Circuit
DecidedOctober 3, 1986
DocketNo. 1055, Docket 85-7907
StatusPublished
Cited by69 cases

This text of 802 F.2d 638 (Davis v. State University of New York) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Davis v. State University of New York, 802 F.2d 638, 42 Fair Empl. Prac. Cas. (BNA) 77, 1986 U.S. App. LEXIS 31856, 42 Empl. Prac. Dec. (CCH) 36,816 (2d Cir. 1986).

Opinions

OAKES, Circuit Judge:

Althea Davis, a black nurse, filed a complaint in the United States District Court for the Eastern District of New York in January 1982, charging her employer, Downstate Medical Center of the State University of New York (“DMC”), and certain individuals with racial discrimination in failing to promote her in late 1978. Following her discharge from DMC in April 1982, she amended her complaint to charge that she was isolated at work and eventually discharged in retaliation for bringing the discrimination charges.1 After a five-day [640]*640bench trial, Magistrate John L. Caden found that Davis failed to prove that defendants discriminated against her in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2, -3 (1982) (“Title VII”), either in not promoting her or in discharging her.2 Specifically, the magistrate found that Davis’s employer adequately explained its conclusion that another applicant was more qualified than Davis for the promotion and that Davis failed to show that the selection was racially motivated. He also concluded that DMC articulated several legitimate reasons for discharging appellant, including her inability to work with others and low productivity, and that Davis failed to prove that the termination was linked to her filing of charges of racial discrimination. On appeal, Davis argues that appellees’ articulated reasons for not promoting her are unworthy of credence, and that the evidence shows that, as a matter of law, her discharge was retaliatory.

We summarize the facts as found by the magistrate. Davis began her employment for DMC in June 1977. At that time Davis had master’s degrees in nursing and nursing education. In 1978 appellee Anna Boyle became the director of nursing services and, as such, Davis’s supervisor. In the summer of 1978 the position of associate director of in-service education became vacant. A search committee screened the applicants, but its role was only advisory, the final decision resting with Boyle. The committee consisted of two white women, including defendant Pohutsky, defendant Déla Vega, who is of Philippine origin, and a black woman. After interviewing all the candidates,3 the committee recommended, in order of preference, Karen Sherman, a white woman, Cynthia Mock, and Rafello Aleto, both Asian women. The committee minutes reflect that none of the other candidates were considered “viable” for the position. Boyle interviewed the three recommended candidates and she also interviewed Davis, under the “affirmative action” policy of interviewing all in-house employee-applicants. Boyle then selected Sherman. The committee guidelines called for a master’s degree in nursing; Sherman had a master’s in education but had done her teaching, assignments, and papers on nursing. Boyle considered the degree to be equivalent to a master’s with a clinical nursing major. Sherman’s supervisory and in-service experience surpassed appellant’s. The magistrate credited Boyle’s testimony that she concluded that Sherman’s education and experience made her the best qualified candidate.

Following the appointment of Sherman, appellant filed a complaint with DMC’s affirmative action officers, who found no “conclusive evidence” of discrimination after an investigation.4 She then filed a race [641]*641discrimination complaint with the New York State Division of Human Rights (“SDHR”). In January 1980 the SDHR issued a finding of probable cause.

As a result of conflict between Davis and Sherman, her new supervisor, Boyle reassigned Davis in April 1979 to be an instructor in the Department of Medicine, which included a promotion in rank and salary. Conflicts soon developed between appellant and the head nurses concerning line authority and appellant’s role. In an attempt to resolve this problem, Boyle assigned Davis to study the relationship between supervisory staff and those outside of line management, such as clinical specialists. After concluding her research in February 1980, Davis told Boyle that the real problem in the Department of Medicine was racial discrimination. Boyle concluded that the problems Davis had experienced were solely due to her personality. At this time, about one month after SDHR’s probable cause finding, Boyle began to document conflicts between Davis and hospital staff in appellant’s personnel file. She also delayed Davis’s return to her former position in the Department of Medicine. In March 1980, Davis filed another complaint with the SDHR charging retaliation for her pri- or complaint. Appellant continued to supervise two nursing students and devoted substantial time to completing the work of a committee of which she was the chairperson. In October 1980, Davis returned to the Department of Medicine, but in a new role that did not include orienting nurses and that did not require her to interact with supervisory staff. In March 1981, Boyle prepared a performance evaluation of appellant that recommended nonrenewal of her contract because of lack of ability to work with others and low productivity, as well as poor organizational knowledge, adaptability, and judgment. In March 1982, Boyle again recommended nonrenewal of Davis’s contract because of poor response to her in-service program and the absence of certification of any nurse attending her collaborative practice programs. Davis was terminated on April 22, 1982.

DISCUSSION

It is not disputed that Davis made out a prima facie case of race discrimination in the hospital’s failure to promote her. See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 1824, 36 L.Ed.2d 668 (1973). The hospital, however, met its burden of producing a “legitimate, nondiscriminatory reason for the employee’s rejection.” Id. First, no member of the selection committee recommended appellant for the job; indeed, she was “not considered viable for this position” by the committee. Second, Boyle explained the basis for concluding at the time of her decision that Sherman was the best-qualified candidate. She also adequately explained why she considered Sherman’s master’s degree in education to be equivalent to a master’s in nursing. Finally, the committee, as to which there was no proof of discrimination in its deliberations, recommended Sherman as its first choice. The employer need not prove that the person promoted had superior objective qualifications, or that it made the wisest choice, but only that the reasons for the decision were nondiscriminatory. See Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 258-59, 101 S.Ct. 1089, 1096-97, 67 L.Ed.2d 207 (1981); Lieberman v. Gant, 630 F.2d 60, 65 (2d Cir.1980); Powell v. Syracuse University, 580 F.2d 1150, 1156-57 (2d Cir.), cert. denied, 439 U.S. 984, 99 S.Ct. 576, 58 L.Ed.2d 656 (1978).

After the employer has shown a “legitimate, nondiscriminatory reason” for its action, the employee must demonstrate that the articulated reason is a pretext. See McDonnell Douglas, 411 U.S. at 804, 93 S.Ct. at 1825.

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Bluebook (online)
802 F.2d 638, 42 Fair Empl. Prac. Cas. (BNA) 77, 1986 U.S. App. LEXIS 31856, 42 Empl. Prac. Dec. (CCH) 36,816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-state-university-of-new-york-ca2-1986.