Francine M. Neilson v. Colgate-Palmolive Company and Colgate Palmolive S.A. De C.V.

199 F.3d 642, 1999 U.S. App. LEXIS 31540, 81 Fair Empl. Prac. Cas. (BNA) 683, 1999 WL 1210872
CourtCourt of Appeals for the Second Circuit
DecidedDecember 2, 1999
Docket867, Docket 98-7489
StatusPublished
Cited by74 cases

This text of 199 F.3d 642 (Francine M. Neilson v. Colgate-Palmolive Company and Colgate Palmolive S.A. De C.V.) 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
Francine M. Neilson v. Colgate-Palmolive Company and Colgate Palmolive S.A. De C.V., 199 F.3d 642, 1999 U.S. App. LEXIS 31540, 81 Fair Empl. Prac. Cas. (BNA) 683, 1999 WL 1210872 (2d Cir. 1999).

Opinions

Judge SOTOMAYOR dissents in part in a separate opinion.

JACOBS, Circuit Judge and SAND, District Judge':

Francine Neilson brought. suit in the United States District Court for the Southern District of New York (Rakoff, /.), alleging sex and race discrimination on the part of her former employers, Colgate-Palmolive Company and Colgate Palmolive S.A. de C.V. (collectively, “Colgate”). The district court appointed a guardian ad li-tem for Neilson, who (it was learned) had been committed to psychiatric hospitals. The guardian ad litem negotiated a settlement on Neilson’s behalf, the court approved the settlement, and judgment was entered dismissing the action with prejudice.

Neilson appeals through a general guardian who was subsequently appointed in state court. Neilson challenges the district court’s (1) appointment of the guardian ad litem; (2) approval of the settlement; and (3) refusal to delay settlement consideration until after the appointment of the general guardian.

Colgate has moved to dismiss the appeal on the ground that the general guardian lacks standing.

[646]*646We conclude that the general guardian has standing, and we affirm.

BACKGROUND

Neilson is a certified public accountant who was hired by Colgate in 1980 as a staff auditor in its New York Auditing Department. She was promoted to Audit Supervisor in 1982, and to Audit Manager in 1984. In February 1987, she was transferred to a Colgate subsidiary in Mexico, where she became the Director of Operations and Systems Analysis.

Neilson worked in Mexico for six years. Toward the end of that time, she voiced frustration to management about her career path.

In August of 1993, Neilson was transferred back to New York and assigned the temporary job of assessing operations. According to Neilson, this was an interim arrangement pending a permanent position. According to Colgate, Neilson was told that she would be fired unless, within six months, she interviewed for a permanent position at Colgate and was offered one.

In February 1994, Colgate offered Neil-son an unsolicited severance package. At or about the same time, Colgate identified four positions at Colgate for which Neilson could interview. Neilson told Colgate that none of the four positions were commensurate with her skills and abilities, but she agreed to interview for one of the slots, which was in Colgate’s Household Surface/Fabric Care Department.

Later that month, Neilson filed a charge with the Equal Employment Opportunity Commission (“EEOC”) alleging sex and race discrimination.

After her interview in the Household Surface/Fabric Care Department, Neilson met with Michelle Mayes of the Human Resources Department. It is undisputed that Mayes offered Neilson three options: she could either (1) accept the position at Household Surface/Fabric Care and drop the EEOC charge; (2) take the severance package and drop the EEOC charge; or (3) be fired. Mayes testified that she also advised Neilson that she was not the best candidate for the position, but that the job was being offered only as “an accommodation ... provided in exchange she dropped her EEOC charge.” Mayes’s memo to Neilson after the meeting reiterated Colgate’s position, i.e., that Colgate was offering her the position in the Household Surface/Fabric Care Department as a “final special accommodation,” notwithstanding its determination that she was “not the most qualified candidate for the position.”

Neilson decided to pursue the EEOC charge, and so advised Mayes by letter on May 23, 1994. On May 31, 1994, Neilson was fired.

Neilson filed suit against Colgate in the Southern District of New York, alleging, among other things, that Colgate had (1) taken adverse employment actions against her because of her sex and race, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seg., as well as New York’s Human Rights Law, N.Y. Exec. Law § 290 et seq.; (2) failed to respond to her complaints of a sexually hostile work environment; and (3) retaliated against her for filing the EEOC complaint, also in violation of Title VII and New York’s Human Rights Law.

Colgate moved for partial summary judgment in February 1996. Neilson’s lawyers, Vladeck, Waldman, Elias & En-gelhard, P.C. (“the Vladeck firm”), filed opposing papers. Soon after, however, the Vladeck firm filed a sealed motion to withdraw as counsel. According to Magistrate Judge Theodore Katz, with whom the motion was lodged, the firm believed that its deteriorating relationship with Neilson would impair its effective representation. Judge Katz granted the motion to withdraw in February 1997.

On June 3,1997, the district court granted partial summary judgment in favor of Colgate. Neilson’s remaining claims alleged discrimination based on sex and [647]*647race, as well as retaliation for filing the EEOC charge.

At some point, Colgate’s counsel learned that Neilson had been involuntarily committed to psychiatric hospitals after she left Colgate. At a pretrial conference on July 9, 1997, Colgate advised the court that it had recently discovered Neilson’s psychiatric history and announced that it was giving consideration to a motion for appointment of a guardian ad litem.

The following week, Colgate moved under Federal Rule of Civil Procedure 35 for an order directing Neilson to submit to a psychiatric examination. Under Federal Rule of Civil Procedure 17(c), Colgate also sought the appointment of a guardian ad litem for Neilson if that proved necessary.

Neilson — who was appearing pro se following withdrawal of her counsel — responded that she was “sufficiently competent to make rational decisions,” that no “guardian [wa]s needed to handle her every day thinking processes,” and that what she did need was appointed counsel: “Because Neilson is sufficiently competent to make rational decisions does not mean that she is also sufficiently competent to act in the capacity of an attorney before the court.” She concluded:

Court has the ability to provide protection of incompetent person. Neilson may consider such an appointment to be beneficial such that these type events do not reoccur. The appointment of legal counsel is also required under the circumstances, and urge the court’s attention to the matter, allowing Ms. Neilson relief.

On August 15, 1997, the district court found that it was in Neilson’s best interests to submit to the psychiatric examination, and told Colgate to prepare a draft order “setting forth the exact date, time, place, manner, conditions, and scope of the examination and the person by whom it is to be made,” directing Colgate to fund the cost, and warning that failure by Neilson to submit to the examination would result in “dismissal of her case with prejudice.” Colgate submitted such an order and the district court signed it.

Dr. Sydney Pulver reported to the district court on September 5, 1997 that Neilson was experiencing a “major delusional system,” one that appeared to have begun prior to her departure from Mexico.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
199 F.3d 642, 1999 U.S. App. LEXIS 31540, 81 Fair Empl. Prac. Cas. (BNA) 683, 1999 WL 1210872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/francine-m-neilson-v-colgate-palmolive-company-and-colgate-palmolive-sa-ca2-1999.