Goller v. Ohio Department of Rehabilitation & Correction

285 F. App'x 250
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 18, 2008
Docket07-3750
StatusUnpublished
Cited by34 cases

This text of 285 F. App'x 250 (Goller v. Ohio Department of Rehabilitation & Correction) 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
Goller v. Ohio Department of Rehabilitation & Correction, 285 F. App'x 250 (6th Cir. 2008).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Veronica Goller (“Goller”), a white female, filed suit in the United States District Court for the Northern District of Ohio alleging reverse-race discrimination, sex discrimination, retaliatory discharge, and a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as well as Ohio Revised Code §§ 4112.02 and 4112.99. At the district court, Goller abandoned her sex-discrimination and state-law claims. The district court subsequently granted summary judgment to the Ohio Department of Rehabilitation and Correction Northeast Pre-Release Center (“NEPRC”) regarding the remainder of Goller’s claims. For the reasons explained below, we AFFIRM the district court’s grant of summary judgment to NEPRC with respect to Goller’s reverse-raee-discrimination and hostile-work-environment claims. We REVERSE the district court’s grant of summary judgment to NEPRC with respect to Goller’s retaliatory-discharge claim and REMAND for further proceedings consistent with this opinion.

I. FACTS AND PROCEDURE

A. Factual Background

Goller commenced employment at NEPRC on December 28, 2003, as a probationary corrections officer. NEPRC terminated Goller’s employment, prior to *252 the end of her one-year probation period, on September 1, 2004.

A significant portion of the record in this case concerns the negative performance reports given Goller by supervisors of both Caucasian and minority racial backgrounds, but because NEPRC does not cite these reports as the reason for Goller’s termination they are immaterial to our decision. The crux of this case concerns Goller’s treatment by Captain Donna Smith, an African-American female who was Goller’s direct supervisor as of May 2004, as well as the disciplinary reports that Smith filed concerning Goller. There exists no factual dispute that animosity existed between Smith and Goller. Lieutenant Catherine Cruz (“Cruz”) also supervised Goller during the period that Smith oversaw directly Goller’s shift; Cruz stated that Smith treated Goller in a more harsh and punitive manner than all other probationary employees. Goller’s fellow officer Cecilia Chobody (“Chobody”) stated that Smith wrote up Goller for petty infractions even though Smith did not do the same for other supervises. Chobody, however, could not remember specific incidents of differential treatment.

The evidence points to more than one source of the conflict between Goller and Smith. Goller alleges that the source of Smith’s hostility was racial. To this end, Goller presents Chobody’s deposition testimony that Smith “doesn’t like white people.” Joint Appendix (“J.A.”) at 112 (Chobody Dep. at 22). Chobody stated that Smith would choose African-American rather than white employees for favorable special duties and would selectively help African-American employees get out of trouble. Another white officer, Carrie Heavrin, testified during her deposition that Smith treated white employees “poorly” and was “back stabbing” and “nasty.” J.A. at 205 (Heavrin Dep. at 80). Evidence also exists, however, suggesting that Goller and Smith shared a personality conflict, regardless of any racial bias held by Smith. Goller stated in her deposition that she believed Smith and another supervisor felt intimidated by her: “[I]f I got promoted, I’d be working side by side with them. I’m one of the few there that do have an Associate’s degree, and she knows I’m climbing the ladder ... I’m intelligent, a good-looking female, and they don’t like that.” J.A. at 166 (Goller Dep. at 120).

Whether motivated by reverse racism or a personality conflict, the hostility between Smith and Goller manifested itself in the form of Smith’s calling Goller derogatory names that invoked racial as well as gender-based stereotypes. Smith repeatedly referred to Goller using the terms “white Barbie,” “white cupcake,” “white princess,” “little miss thing,” and “girl with the silver spoon.” J.A. at 107-08 (Chobody Dep. at 10-11); J.A. at 145 (Goller Dep. at 30); J.A. at 200 (Heavrin Dep. at 16). But see J.A. at 120 (Cruz Dep. at 13) (stating that Cruz heard inmates and staff but not Smith refer to Goller as “Barbie”); J.A. at 133-34 (Farnan Dep. at 28-29) (stating that Farnan never heard Smith refer to Goller using derogatory names). Goller estimates that Smith called her “Barbie” about thirty times between February and June 2004, although Goller does not specify whether all these incidents included the modifier “white.” J.A. at 150 (Goller Dep. at 35).

In addition to the derogatory slurs, Goller presents evidence of three specific incidents in which Smith disciplined her in an allegedly unfair manner. First, Smith issued a misconduct report when Goller punched-in less than one minute before she was eligible to do so one half-hour before the beginning of her shift. Second, in response to a report filed by one of Goller’s coworkers, Smith filed a miscon *253 duct notice stating that the coworker had heard Goller refer to an inmate as a “pill thief’ and low-class person, in violation of employee standards. Third, Goller alleges that Smith filed a false incident report stating that Goller refused to give an officer relieving her the keys and three “chits” that, according to NEPRC security procedures, must be exchanged for handcuffs, keys, and radio. In contrast with the report’s narrative of the incident, Goller alleges that the relieving officer refused to take her keys and chits, forcing Goller to give them to control, who then gave them to the officer.

Both parties to this case agree that the last incident involving the failed exchange of chits and keys precipitated Goller’s termination. NEPRC Warden Donald Franklin Shewalter made the decision to terminate Goller. Shewalter stated in his deposition that “[t]he final thing that caused [him] to decide to remove [Goller] was the incident in the entry building” in which Goller reportedly did not turn in her keys and chits. Dist. Ct. Record # 16 at 52 (Shewalter Dep.). Shewalter justified the decision: “This incident is extremely serious in my mind, so something I won’t tolerate.” Id. at 56. He further explained: “Regardless of what [Goller’s] reasoning is ... she did turn her equipment in. If there was some issue between the two [officers] she did not make the supervisor aware of it. She put several staffs lives in jeopardy by leaving the most critical post in the institution unattended.” Id. at 57. Shewalter reiterated that Goller did not follow proper procedure: “All post orders ... and training sessions and everything indicate that you have to be properly released. You have to properly exchange your keys, chits, and equipment and verbal exchange of what is happening and what to expect on the oncoming shift.” Id. at 66-67. Shewalter was not aware of any dispute regarding the circumstances of the incident in which Goller did not exchange her chits and keys. Id. at 54. Shewalter stated that he made the decision to terminate Goller in consultation with the Deputy Warden and Major. Id. at 60.

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285 F. App'x 250, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goller-v-ohio-department-of-rehabilitation-correction-ca6-2008.