Harris v. Ashcroft

74 F. App'x 669
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 29, 2003
DocketNo. 02-2821
StatusPublished
Cited by3 cases

This text of 74 F. App'x 669 (Harris v. Ashcroft) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Ashcroft, 74 F. App'x 669 (7th Cir. 2003).

Opinion

ORDER

Elaine Harris, an African-American woman, appeals from the grant of summary judgment for her former employer, the Drug Enforcement Administration, on her claims that the DEA forced her to leave her job because of her race and sex and retaliated against for engaging in activity protected by Title VII of the Civil Rights Act of 1964. 42 U.S.C. §§ 2000e-2, 2000e-3. Because Harris has not raised a genuine issue whether she suffered an adverse action, either in the form of a constructive discharge or a hostile work environment, we affirm.

I. BACKGROUND

Harris started at the DEA in 1979 as a criminal investigator and over the next fifteen years received several promotions. She moved from the DEA’s Chicago office to its office in New York and from there to the agency’s Virginia headquarters. Then in June 1994, Harris was selected to head up the DEA’s Hammond, Indiana, office as its “Resident Agent in Charge”-a position that she retained when the Hammond office moved to Merrillville, Indiana, two years later.

Harris left the DEA after a series of unfortunate events that occurred shortly after the move from Hammond to Merrill-ville. First, one of Harris’s colleagues committed suicide, and after another agent threatened to take his own life, members of the office blamed Harris, who understandably became upset. Feeling ill and barely able to pull herself out of bed, Harris went on sick leave and in October 1996 saw Dr. Fred Levin, a Chicago psychiatrist. After diagnosing depression and posttraumatic stress disorder, Dr. Levin administered psychotherapy and drugs (including Xanax and Prozac) and told the DEA that Harris would not return to work until January 1997.

Harris returned as scheduled on January 13 but got off to a rocky start. On her first day back, she felt sick all day, and three days later she had an argument with her immediate supervisor. Administrative hangups worsened the situation. Because Harris had taken psychiatric leave, DEA policy required an independent medical review of her records before she could return to work. In addition, the DEA’s chief medical officer wanted to know from Dr. Levin whether Harris still possessed sound judgment, could safely handle a firearm, or planned to take any medications upon returning. While these issues remained unresolved, the head of the DEA’s [671]*671district office in Chicago, Joseph Vanacora, placed Harris on “limited duty”-meaning that she could no longer make operational decisions or carry a weapon.

Although her responsibilities had been temporarily reduced, agency officials provided Harris with opportunities to work. When Vanacora placed Harris on limited duty, he suggested that she catchup on paperwork in the Chicago office until she was cleared for active duty. And when Retha Fulmore, a personnel specialist, learned that Harris was interested in transferring to DEA headquarters in Virginia, she told Harris that although the agency would not grant a temporary transfer, she could apply for a vacant position in Virginia or request a medical-hardship reassignment there.

Harris did not accept Vanacora’s offer to work in Chicago, explaining that after being relieved of her responsibilities in Merrillville, working in Chicago would only embarrass and humiliate her further. Nor did she request reassignment or apply to transfer to Virginia. Harris instead worked from home for a few days and on February 7 telephoned Fulmore to find out how long the independent medical review of her case would take. Fulmore responded that she did not know, and Harris, who by this point had exhausted her sick and annual leave, began taking leave without pay.

Harris continued without pay for six weeks and on March 17 resigned as head of the Merrillville office. According to Harris, she resigned because a few days earlier Vanacora had told her that she had not been cleared for active duty and that he needed to fill her position. Harris then requested emergency medical leave as well as 744 hours of donated leave from the Department of Justice’s voluntary leave bank. Although Dr. Levin supported the application, explaining that he thought it would take Harris between five and twelve months to deal with her psychiatric emergency, Harris received only 160 hours of donated leave and was told to apply for additional time if that amount proved insufficient.

Meanwhile, the director of the DEA’s employee-assistance program, Yvonne Conner, began helping Harris prepare an application for workers’ compensation benefits. Conner also believed that Harris should apply for disability retirement and in May sent her a retirement application, which Harris ignored. Undeterred, Conner sent a second package two months later that contained a completed application, a self-addressed envelope, and instructions to return the package by Federal Express. According to Harris, she signed and returned the forms because she thought that “some kind of adverse action” was afoot and that she had no choice but to retire.

Harris’s retirement application was granted in December 1997. In the meantime she completed two fruitless rounds of EEO counseling and then brought this action. She alleged in her amended complaint that DEA officials had discriminated against her because of her race and sex first by forcing her to resign as head of the Merrillville office and then by orchestrating her retirement from the agency entirely. Harris also claimed that she had been retaliated against because of her membership on the “Segar Committee”-a body established to monitor compliance with a court order issued in a racial discrimination suit filed against the DEA in 1981. On the DEA’s motion the district court entered summary judgment against Harris, concluding that she had not raised a genuine issue whether an adverse employment action occurred.

[672]*672II. ANALYSIS

Because Harris resigned as head of the Merrillville office and then retired from the DEA, the district court rightly observed that she did not suffer a traditional adverse employment action, such as being demoted, fired, or passed over for a promotion. An adverse action is essential for both claims of discrimination and retaliation, Johnson v. Cambridge Indus., Inc., 325 F.3d 892, 899-902 (7th Cir.2003)though in retaliation cases the adverse action need not affect the terms or conditions of employment, see, e.g., McDonnell v. Cisneros, 84 F.3d 256, 258-59 (7th Cir.1996) (explaining that shooting someone for engaging in activities protected by Title VII would be actionable retaliation). This subtlety is irrelevant here, however, because Harris identifies only two forms of adverse action, both of which affected her job. She first says that she was constructively discharged; alternatively, she argues that she was subjected to a hostile work environment. We consider these contentions in turn.

A. Constructive Discharge

Like actual discharges, constructive discharges count as adverse actions. The difference is that constructive discharges occur when employees, not employers, formally alter the employment relationship. Commonly employees cut their ties because of intolerable working conditions, Herrnreiter v. Chicago Hous. Auth.,

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Bluebook (online)
74 F. App'x 669, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-ashcroft-ca7-2003.