Jenkins v. Nashville Public Radio

106 F. App'x 991
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 2, 2004
DocketNo. 03-5392
StatusPublished
Cited by18 cases

This text of 106 F. App'x 991 (Jenkins v. Nashville Public Radio) 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
Jenkins v. Nashville Public Radio, 106 F. App'x 991 (6th Cir. 2004).

Opinion

BATCHELDER, Circuit Judge.

Joan Jenkins appeals the order of the district court granting summary judgment to the defendants Nashville Public Radio (“NPR”) and Rob Gordon on Jenkins’s claims of employment discrimination in violation of 42 U.S.C. § 1981, 42 U.S.C. § 2000e et seq. (“Title VTI”), and dismissing those claims and her related state law claims. Because we conclude that the district court erred in granting summary judgment, we REVERSE the judgment.

BACKGROUND

Ms. Jenkins is an African-American woman who, at the time of the conduct complained of in this action, had worked for several years for NPR in fundraising. In the summer of 2000, Ms. Jenkins’s immediate supervisor resigned as Vice-President of Marketing and Development and NPR began accepting applications for that position. Ms. Jenkins expressed her interest in that job to her ultimate superior, Rob Gordon, the president of NPR. During the course of the search for a new Vice President of Marketing and Development, NPR announced that it would split the position into two positions: Director of Corporate Support and Director of Membership Support. NPR interviewed a Caucasian male applicant, Dan Surface, for the Director of Corporate Support and then for the Director of Marketing and Development position. Several weeks later, NPR interviewed Ms. Jenkins for the position of Director of Marketing and Development. During this period, the deadline for applications was extended and, according to NPR, the position of Vice President of Marketing and Development, which ostensibly had been split into two positions, “remained open.”

NPR ultimately selected Mr. Surface as the Director of Marketing and Development instead of Ms. Jenkins. Mr. Gordon admitted that he had decided prior to Ms. Jenkins’ interview to hire Mr. Surface, and had interviewed Jenkins “as a courtesy.”1 The decision to hire Mr. Surface was Mr. Gordon’s, although a committee was in some fashion involved in the review of candidates. In any case, Mr. Surface began work on December 1, 2000, and apparently asked Ms. Jenkins for training in his position on that day. Ms. Jenkins resigned on December 4, 2000.

After filing her EEOC claim and receiving her right to sue letter, Ms. Jenkins filed suit in Tennessee State Court, raising claims of employment discrimination under 42 U.S.C. § 1981 and 2000(e) and state [993]*993law, as well as state law claims of outrageous conduct, intentional and negligent misrepresentation, and fraud. The defendants removed the case to federal court and moved for summary judgment. The district court granted the motion as to Jenkins’ federal claims and refused to exercise supplemental jurisdiction over her state claims, which it dismissed without prejudice. Jenkins’ timely appeal followed.

ANALYSIS

Summary judgment is proper if “the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). We must view the evidence, all facts, and any inferences that may be drawn from the facts in the light most favorable to the nonmoving party. Matsu-shita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

To withstand summary judgment, the non-moving party must show sufficient evidence to create a genuine issue of material fact. Klepper v. First Am. Bank, 916 F.2d 337, 342 (6th Cir.1990). A mere scintilla of evidence is insufficient; “there must be evidence on which the jury could reasonably find for the [non-movant].” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Entry of summary judgment is appropriate “against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). We review the grant of summary judgment de novo. Hall v. Tollett, 128 F.3d 418, 421 (6th Cir.1997).

We review claims of race and gender discrimination under Title VII and race discrimination under Section 1981 using the familiar burden-shifting framework set out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). If the plaintiff proves a prima facie case, then the burden shifts to the employer to provide a legitimate, non-discriminatory reason for its actions; if the employer does so; the presumption of unlawful discrimination by the employer disappears, and the plaintiff must prove that the reason offered by the employer is pretextual, that is, that the employer’s action was in fact intentionally discriminatory. See St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993).

Pretext may be established either by a direct showing that unlawful discrimination more than likely motivated the employer or by an indirect showing that the employer’s explanation is not credible. Kline v. TVA, 128 F.3d 337, 342-3 (6th Cir.1997) (citing McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817). There are three ways in which a plaintiff may demonstrate pretext: first, by showing that the employer’s stated reason has no basis in fact; second, by showing that the reason offered was not the actual reason; and third, by showing that the reason was insufficient to explain the employer’s action. See Wheeler v. McKinley Enter., 937 F.2d 1158, 1162 (6th Cir.1991).

In the summary judgment proceedings before the district court, the defendants conceded Ms. Jenkins’s prima facie case. The defendants contended, however, that NPR had hired Mr. Surface rather than Ms. Jenkins because his qualifications for the position of Director of Marketing and Development were superior to those of [994]*994Ms. Jenkins. Defendants pointed to Mr. Surface’s broader fundraising background, his experience in supervising fundraising employees, his bachelor’s degree in philosophy from Vanderbilt University, and specific experience in both corporate and individual fundraising, in contrast to what the defendants viewed as Ms.

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