Howard v. Board of Education of the Memphis City Schools

70 F. App'x 272
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 1, 2003
DocketNo. 01-6433
StatusPublished
Cited by11 cases

This text of 70 F. App'x 272 (Howard v. Board of Education of the Memphis City Schools) 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
Howard v. Board of Education of the Memphis City Schools, 70 F. App'x 272 (6th Cir. 2003).

Opinions

KATZ, District Judge.

Pro se Plaintiff-Appellant Rose 0. Howard (“Appellant” or “Howard”), African-American, alleges that D efendant-Appellee Board of Education of the Memphis City Schools (“Appellee” or “Board”) discriminated against her based on race and retaliated against her for filing charges of discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. On appeal, Howard argues that the district court erred by granting judgment as a matter of law to Appellee at the close of Howard’s presentation of evidence. Howard also asserts that the district court denied her a fair trial by disqualifying her counsel, quashing certain subpoenas, denying her meaningful participation in a pre-trial conference, and allowing witnesses to testify out of order.

For the reasons set forth herein, we REVERSE the district court’s grant of judgment as a matter of law on Howard’s retaliation claims and REMAND for further trial proceedings. We AFFIRM the remaining rulings of the district court.

I. BACKGROUND

This matter arises from Howard’s Title VII complaint asserting that Appellee Board, by and through White Station Middle School (“WSMS”) principal Harold Russell (“Russell”) and others, discriminated against Howard based upon her race, created a race-based hostile work environment, and subjected Howard to retaliation for having filed internal complaints as well as a discrimination charge with the Equal Employment Opportunity Commission (“EEOC”).

Russell became principal at the beginning of the WSMS 1993-1994 school year. At the end of that school year, Russell informed a Caucasian WSMS teacher, Tonja Kenemer, that he was going to move her from a portable classroom into Howard’s classroom in the main school building. Appellant protested this classroom change, argued against the move first on the basis of seniority, then on her alleged claustrophobia,1 and ultimately was given the option of either teaching in a portable facility or instead teaching as a floater.2 Howard asserts that this reassignment was race-based and constitutes an adverse employment action.

As further evidence of discrimination and retaliation, Appellant cites numerous other incidents, including: (1) reprimands for her refusal to actively participate in an advisor/advisee program and her failure to place academic events on the middle school planning calendar; (2) assignment to teach [275]*275in the cafeteria without supplies or a cart to transfer supplies; and (3) intentional mishandling of her applications for administrative positions. Appellant also complains that Russell fixed the outcome of an election in which she participated as a potential teacher representative. An African-American male ultimately prevailed in the election, but Appellant cites the event as evidence of discrimination. Further incidents eventually led to Howard’s transfer, upon Russell’s request, to Havenview Middle School.3

The trial testimony and record exhibits are confusing, and at times contradictory, regarding the precise sequence of events. However, the following is the clearest chronological representation that can be gleaned from the record:

November 1992
• Upon parental complaint, a white student is excused from completing a research assignment on Martin Luther King and Malcolm X.4 Howard asks whether her child could similarly be excepted from a report on To Kill a Mockingbird. Russell purportedly replies that “Black parents can’t do what White parents can do.”
Fall 1993
• Russell becomes principal at WSMS.5 October 1993
• Prompted by a student complaint, Russell counsels Howard regarding the manner in which she addresses her students. Howard asserts that the scenario was a conspiracy in which the student audiotaped classroom proeeedings, which Russell then transcribed and unfavorably edited.
• Howard files a statement with Memphis Educational Association (“MEA”) regarding the foregoing incident.
• Around this time, although not clear as to whether before or after Howard filed the MEA statement. Russell informs Howard that she will no longer be sent to attend a teacher workshop in Colorado.
April 1994
• Russell apparently chastises Black teachers for not attending a luncheon sponsored by Partners In Education (“PIE”), a parent-teacher organization. The teachers who boycott the luncheon apparently do so based on comments made by PIE president that the only way to motivate African-Americans to “get out” is to feed them. Russell apparently states that he does not regard the comment as offensive, which in turn upsets several faculty members.
August 1994
• Russell moves Kenemer, a female Caucasian teacher, from a portable classroom into Howard’s classroom in the main school building. Howard ends up “floating” and eventually is required to teach a class in school cafeteria under less than ideal conditions and allegedly without adequate supplies.
September 1994
• Howard applies for assistant principal position at Overton High School. Does not obtain this position, or others [276]*276for which she applies, and asserts that her applications were intentionally mishandled to deprive her promotional opportunities in retaliation for prior events.
• Howard files 22-page complaint with Ricks Mason, WSMS Director of Personnel Services.
October 1994
• Russell yells at Howard in a faculty meeting allegedly merely for chiming in with her agreement as to an inflammatory statement made by Caucasian teacher, who is not reprimanded for the statement.
• Russell allegedly “fixes” election results to deny Howard a position as a teacher representative. Howard contends that she received the greatest number of votes; however, Howard testified at trial that she refused Russell’s offer to allow her to inspect and count the ballots. The record also contains correspondence in which Howard acknowledges that election voting results likely were reported correctly, but she nonetheless complains about the manner in which the election was run and the lack of notice to voters regarding the manner by which election results would be determined, e.g., plurality, simple majority, etc.
November 1994
• Russell purportedly falsifies attendance records to justify docking Howard’s pay for an unexcused absence. However, Howard admitted that she did not comply with notification procedures and that Russell was technically justified in docking her pay.
• Howard files internal complaint against Memphis City Schools and Russell.
January 1995
• Russell reprimands Howard for not recording events on academic calendar.

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Bluebook (online)
70 F. App'x 272, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-board-of-education-of-the-memphis-city-schools-ca6-2003.