DeNoma v. Hamilton County Court of Common Pleas

626 F. App'x 101
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 14, 2015
Docket14-4058
StatusUnpublished
Cited by19 cases

This text of 626 F. App'x 101 (DeNoma v. Hamilton County Court of Common Pleas) 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
DeNoma v. Hamilton County Court of Common Pleas, 626 F. App'x 101 (6th Cir. 2015).

Opinions

OPINION

ARTHUR J. TARNOW, Senior District Judge.

After working as ,a probation department supervisor and project director for fourteen years, Plaintiff-Appellant Cassandra DeNoma applied for a promotion to work directly beneath Defendant-Appellee Michael Walton, the highest nonjudicial authority in the department.- Around the same time, a subordinate who had been romantically involved with Defendant Walton complained to Appellant that he was harassing her, and Appellant referred the subordinate to the Equal Employment Opportunity Commission (EEOC). A three-member committee interviewed Appellant and seven male applicants for the promotion, ultimately recommending two male applicants to the judges. The judges appointed the committee’s top choice, a lower-ranked supervisor with only three years of supervisory experience.

Appellant brought suit to challenge her non-promotion. She brought a gender discrimination claim against Defendant Walton, alleging that, motivated by sexist bias, he had influenced the interview committee to reject her application. She also brought a retaliation claim against Defendant Judge Charles Kubicki, alleging that he had engineered her non-promotion in retaliation for referring the subordinate to the EEOC. The district court granted both Defendants’ motions for summary judgment. For the reasons stated below, we REVERSE as to Appellant’s gender discrimination claim against Defendant Walton, AFFIRM as to her retaliation claim against Defendant Kubicki, and REMAND for further proceedings.

Procedural Background

Appellant Cassandra DeNoma filed the instant suit on October 26, 2012. As relevant to this appeal, her claims included a gender discrimination claim against Defendant Michael Walton under the federal Equal Protection Clause (pursuant to 42 U.S.C. § 1988) and Ohio Rev.Code Ch. 4112, as well as a retaliation claim against Defendant Judge Charles Kubicki under Ohio Rev.Code Ch. 4112. Appellant claimed that Defendants Walton and Ku-bicki had caused her to be passed over for a promotion due to sexist bias and retaliatory animus, respectively. Defendants Walton and Kubicki filed separate motions for summary judgment. On September 29, 2014, the district court granted Defendants’ motions for summary judgment in their entirety. Appellant appealed on October 24, 2014.

Factual Background

Appellant worked for the Hamilton County Adult Probation Department from 1992 until her retirement in 2012. The Probation Department is formally led by the judges of the Hamilton County Court of Common Pleas, including Defendant Judge Charles Kubicki. Judge Kubicki was the head of the court’s Probation Committee at all times relevant to this appeal. Defendant Michael Walton was at all relevant times the Court Administrator [103]*103and the Chief Administrative Officer for the Probation Department. This position made Defendant Walton the highest authority in the Probation Department aside from the judges.1

Appellant began working in the Department as a probation officer in 1992. She was assigned to the Intensive Supervised Probation (ISP) unit, which serves as a sentencing option for judges to divert habitual felony criminal offenders from the prison system through intensive supervision. In 1996, Appellant was promoted to ISP Probation Officer Supervisor. Robert Veatch and Tom Moxley also held the position of ISP supervisor, and each of the three supervisors was responsible for managing a group of approximately six probation officers. In 2006, Appellant was promoted to ISP Project Director. The ISP Project Director reported to the Assistant Chief Probation Officer (ACPO), who in turn reported to Walton. The ACPO position was held by Tim Shannon when Appellant was promoted and then by Patricia Clancy from October 2007 until January 2009. After Clancy left, the ACPO position remained vacant for a time, during which Appellant reported directly to Walton.

In October 2009, the Court’s Personnel Director, Krista Ventre, launched an investigation into alleged misconduct and performance deficiencies on the part of Dick Lausten, an ISP officer supervised by Moxley (who in turn was supervised by Appellant). Jerry Campbell, the Assistant Chief Probation Officer for the Municipal Court, served as the hearing officer for Lausten and Moxley’s pre-disciplinary hearings. As a result of the investigation’s findings, the judges removed Lausten from office for incompetence and misconduct. Campbell found that Moxley’s supervision of Lausten was also deficient. However, Moxley resigned before any disciplinary action was taken against him.

Also in the fall of 2009, Walton entered into a romantic relationship with probation officer Lisa Egner, one of his subordinates. In August 2010, Egner informed Appellant and Veatch that she had tried to end the relationship but Walton was harassing her, checking her voicemails and computer and otherwise refusing to leave her alone. Appellant gave Egner the number for the EEOC and suggested that she meet with Human Resources employees, which she did. Egner later complained to Ventre that Appellant and Veatch were pressuring her into filing a lawsuit against Walton.

In the fall of 2010, Judge Kubicki decided that the vacant ACPO position should finally be filled. Ventre prepared a job posting, which was posted on October 27, 2010, and directed applicants to submit their applications to Walton by November 4, 2010. Appellant and seven male officers applied. Meanwhile, on November 1, 2010 — three days before the applications were due — Ventre met with Judge Kubicki and informed him of Egner’s allegation that Appellant had pressured her to sue Walton.

Around the same time, Judge Kubicki chose three individuals to interview applicants for the ACPO position and present a hiring recommendation to the judges. Ku-bicki selected Ventre, the personnel director; Campbell, the ACPO for Municipal Court; and Brian Urban, the head of the department’s satellite offices or “substations.” Walton was out of town during the selection process, and Judge Kubicki did not want him involved in the process. However, before the job opening was posted, Walton had occasionally shared [104]*104thoughts on good candidates for the position with Ventre. Walton had also expressed dissatisfaction with Appellant’s job performance to Ventre.

After interviewing the applicants, the members of the interview committee unanimously selected Joe Elfers, a probation officer supervisor in the substations, as their first choice for ACPO. They also agreed that their second choice was Kevin Bonecutter, a probation officer supervisor in the Municipal Court. The interview committee met with Judge Kubicki to inform him of their recommendations. Judge Kubicki then met with the other judges on the Probation Committee and informed them of the interview committee’s recommendations. The Probation Committee voted to accept the interview committee’s recommendation of Elfers for the ACPO position, and he was appointed to the position on December 6,2010.

Around the same time, Judge Kubicki held a meeting with Appellant and Veateh to discuss Egner’s allegation that they had pressured her to sue Walton. Judge Ku-bicki did not formally discipline Appellant or Veateh, but lectured them on the proper response to complaints of harassment and instructed them not to retaliate against Egner. Appellant and Veateh testified at their depositions that Judge Kubicki spoke aggressively and shook his finger at them.

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Bluebook (online)
626 F. App'x 101, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denoma-v-hamilton-county-court-of-common-pleas-ca6-2015.