Denise L. Blanton v. University of Florida

273 F. App'x 797
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 9, 2008
Docket07-12496
StatusUnpublished
Cited by2 cases

This text of 273 F. App'x 797 (Denise L. Blanton v. University of Florida) 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
Denise L. Blanton v. University of Florida, 273 F. App'x 797 (11th Cir. 2008).

Opinion

PER CURIAM:

Denise L. Blanton appeals the jury’s verdict in favor of the University of Florida (“UF”) as to her retaliation claims brought pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-3(a). She argues that the district court erred in allowing testimony as to EEOC findings regarding her previous discrimination charge against UF. We AFFIRM.

I. BACKGROUND

Denise Blanton filed a complaint against UF in September 2005, alleging unlawful employment retaliation. More specifically, she asserted that UF’s letter of reprimand, based upon her conduct at a December 2004 meeting, had been in retaliation for her filing of an EEOC charge of race and gender discrimination the previous October. Blanton later amended her complaint to include a second count alleging that the “effeetive[] termination]” of her position in January 2006 had been in unlawful retaliation for her having filed the lawsuit. The case ultimately went to trial before a jury. Rl-18 at 3.

Before trial, Blanton filed a motion in limine seeking to prevent UF from offering into evidence testimony and exhibits related to the EEOC’s findings with re *799 gard to her October 2004 discrimination charge. This charge alleged that Blanton’s demotion from her position as the Collier County Extension Director and the related denial of a salary increase constituted discrimination on the basis of race and gender. Blanton argued that the district court should exclude evidence of the EEOC findings under Federal Rule of Evidence 403 because “[t]he admission of an EEOC report, in certain circumstances, may be much more likely to present the danger of creating unfair prejudice in the minds of the jury[.]” R3-89 at 2 (citing Walker v. NationsBank of Fla. N.A., 53 F.3d 1548, 1554 (11th Cir.1995)).

UF responded that EEOC determinations are relevant and probative at a later proceeding regarding whether there has been a Title VII violation. UF asserted that any EEOC determination related to either of the two EEOC grievances upon which Count One of Blanton’s lawsuit was based 1 was relevant to decide that claim, and should be admitted into evidence. Further, UF argued, Blanton’s bare recitation of the holding in Walker was insufficient to show how and why the probative value of the EEOC’s determination was substantially outweighed by the danger of unfair prejudice. Despite citing Rule 403, UF asserted, Blanton had failed to demonstrate how she would be unduly prejudiced by the introduction of evidence that was “clearly probative ... [of] the ultimate issue of retaliation.” R3-92 at 5.

The district court denied Blanton’s motion, finding that admission of the EEOC determination appropriately placed the retaliation claim in the larger context of the lawsuit. The court also stated that it would give a limiting instruction directing the jury to use the EEOC determination merely as “background information,” and not to consider the findings therein binding or otherwise conclusive of any factual issue in the case. R5 at 33.

At trial, Blanton, a Hispanic female, testified to the following. She had worked for the University of Florida Collier County extension program from 1975 to 2007 and served as County Extension Director from 1991 to 2004. Forty percent of the funding for her position was provided by the county, and the remaining sixty percent was provided by UF. Id. at 170. At all times during her employment, she had two immediate supervisors, one from UF and the other from the county. Charles Vavrina, the District Extension Director, had become Blanton’s UF supervisor in 2000. Blanton asserted that, during her time as County Extension Director, her overall job performance had been rated as “outstanding.” Id. at 172.

Blanton reported that she had filed a complaint with the EEOC in October 2004 alleging race and sex discrimination after she was demoted from her position as County Extension Director. On 25 January 2005, she received a letter of reprimand from Vavrina in response to several complaints Vavrina had received concerning her conduct at the Lawn and Garden Show Wrap-Up meeting held in December 2004. Vavrina wrote to Blanton:

[b]ased on the large number of complaints from various sources about your professional conduct and your past history of similar complaints, I am legitimately concerned that the behavior you reportedly displayed on December 14, *800 2004 ... is compromising our abilities to carry out essential Extension duties and programs. This type of behavior will not be tolerated and if continued you could face disciplinary action up to and including dismissal.

Exh. Folder 1-96, exh. 34.

Blanton testified that she was not proud of her conduct at the meeting. She explained that she had been in a hurry to make a medical appointment downtown, was under “an awful lot of stress,” and had become “anxious and nervous” when she realized that the items she had planned to discuss were at the end of the lengthy agenda. R5 at 175-177. These circumstances prompted her to express her opinion that the agenda had been poorly organized, but she had not shouted or used profanity, or personally attacked anyone present at the meeting. She stated that, in her 30 years with the extension program, she had never received any similar complaints about her performance, and believed that Vavrina had been instructed by his superiors at UF to write the letter. Blanton further stated that she considered the letter to be a threat to her job, and that, while no other reason besides her conduct at the meeting was given for the reprimand, she “felt [her] whole existence was one of stress and observation, and so forth.” Id. at 179-180.

On cross-examination, Blanton admitted that the individuals who submitted complaints regarding her behavior at the meeting had been unaware of her October 2004 EEOC charge. She also acknowledged that she had not lost any rank or pay as a result of the reprimand. When questioned about the results of the EEOC’s investigation of her October 2004 discrimination charge, Blanton objected on Rule 403 grounds. The district court overruled the objection, but explained to the jury that “[w]hile the [EEOC’s] findings may provide you with background ... [you] should not consider the findings as conclusive of any factual issue in this case

... [and] should not consider these findings binding in your determinations of the facts in this case.” R6 at 240. In response to defense counsel’s question, Blanton admitted that the EEOC had found no cause for her complaint. When questioned regarding the results of the EEOC’s investigation of her retaliation complaint, Blanton again objected on Rule 403 grounds, and the district court again overruled the objection. Blanton admitted that the EEOC had also found no cause for a finding of retaliation after investigating that charge.

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273 F. App'x 797, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denise-l-blanton-v-university-of-florida-ca11-2008.