Jennifer Frazier v. Richland Public Health

685 F. App'x 443
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 7, 2017
Docket16-3765
StatusUnpublished
Cited by2 cases

This text of 685 F. App'x 443 (Jennifer Frazier v. Richland Public Health) 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
Jennifer Frazier v. Richland Public Health, 685 F. App'x 443 (6th Cir. 2017).

Opinion

HELENE N. WHITE, Circuit Judge.

Jennifer Frazier appeals the grant of summary judgment to her employer, Rich-land Public Health, in this Title VII action claiming retaliation. 1 We REVERSE.

I.

The facts are largely undisputed. Frazier began working for Richland Public Health (RPH), a combined city/county health district, in October 2000, as a Sanitarian in training in the Environmental Health division. RPH’s Health Commissioner is its highest ranking employee. Defendant Stanley Saalman held that title until September 20, 2013, when he entered into a separation and release agreement with RPH under which he retired. Martin Tremmel succeeded Saalman as RPH Health Commissioner. RPH management was at all pertinent times predominantly male.

Frazier was promoted to Sanitarian I after passing an.examination. In that position, her primary duties included food-service inspections, and campground and pool inspections. In January 2006, Frazier was promoted to Sanitarian III, 2 the highest Sanitarian level She still holds that position. Frazier’s involvement in mosquito control (referred to as vector control in internal RPH documents) increased when she was promoted to Sanitarian III.

From 2010 until approximately July *446 2013, Frazier was President of AFSCME 3 Local 3469, with which RPH had a collective bargaining agreement. In January 2013, while Frazier was president, RPH employee Julie Ciesla filed a retaliation charge with the EEOC against Human Resources and Information Technology Director Rick Grega, claiming that he sexually harassed her and that she was demoted in retaliation for reporting Grega’s harassment. 4 Frazier participated in the internal investigation of Ciesla’s harassment complaint by serving as a witness for Ciesla. The investigator wrote in a letter to Saal-man dated November 16, 2012, that he had spoken with Ciesla, Frazier, and Grega. 5 The EEOC concluded its investigation of Ciesla’s charge in April 2015.

A. Backdrop to Saalman’s Workplace Assault of Frazier in July 2013

On June 19, 2013, three female RPH employees, Beth Conrad, Sue Osborn, and Andrea Barnes, individually complained to Frazier that a video camera in the office of RPH information technology manager Phillip Nichols was aimed at the women’s restroom, which was only six or seven feet away. After Frazier verified that there was a video camera in Nichols’ office so aimed, she reported it to Ciesla. Ciesla in turn informed Health Commissioner Saalman.

By letter dated June 28, 2013, addressed to RPH’s Personnel Committee from Local 3469’s executive committee, of which Frazier was a member, the union complained:

Re: Surveillance cameras at the health department
To Whom It May Concern:
On June 19th, 2013, at 10:30 AM, it was discovered that a small surveillance camera located in the Computer Specialist’s office was pointed at the entrance of the women’s restroom across from the Registrar’s office. After a complaint was made to one of the managers, the camera was taken down at 10:45 AM. According to several employees this camera was observed to be “on” and in recording mode. This camera is believed to .have been operating from this location for some time.
According to Chapter 2907.08(B) of the Ohio Revised Code,
*447 “No person, for the purpose of sexually arousing or gratifying the person’s self, shall commit trespass or otherwise surreptitiously invade the privacy of another to videotape, film, photograph, or otherwise record the other person in a state of nudity.”
Consequently, a violation of subsection (B) hereof is guilty of voyeurism, which is considered a misdemeanor of the second degree. In light of the fact that there is presently an ongoing sexual harassment case against one of the managers employed at the health department [presumably, Ciesla’s complaint that Grega sexually harassed her], this incident, along with the following development is particularly disturbing and could contribute to what some staff may consider a hostile workplace.
With that being said, it has come to our attention the Board of Health is considering the purchase of surveillance cameras to be installed at the Health Department. The rationale explained to several employees by management was that the cameras would be used to deter child abduction from taking place on Health Department grounds.
The local chapter of AFSCME #3469 has no knowledge that any policy has been adopted regarding these surveillance cameras and would therefore like to have the following questions answered in writing regarding this issue:
• How many child abduction incidents have occurred at the local Health Department?
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• What will be the locations of each surveillance camera?
• Who will have access to the video footage of these surveillances cameras?
• Will these cameras be used for purposes besides that of security?
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• Will the video footage ... be considered public record?
• Which managers were implicated in the incident mentioned above?
• Was there any discipline levied against any of these individuals?
With the latest incident regarding a surveillance camera monitoring an area where there is a reasonable expectation of privacy, it is the opinion of the local bargaining unit that the staff and the public be given insight into this prospective surveillance camera system to prevent abuse and to protect the department from the threat of future litigation.
Thank you for your consideration into this matter.
Sincerely,
The Executive Committee of Local Chapter of 3469 AESCME
Cc: Health Commissioner
Department Staff

PID 430-31 (emphasis in original). This letter was distributed to Health Commissioner Saalman and all bargaining-unit employees, as well as to the individual members of RPH’s Personnel Committee of the Board of Health.

B.

Angered by this letter, Saalman confronted Frazier as she arrived at work on the morning of July 11, 2013, called her over to the women’s restroom, screamed at her repeatedly asking whether she could see the camera, shoved her inside the restroom, and blocked her access to the exit. See PID 1084/Frazier v. Richland Pub. Health, No. 2:14-cv-2735, 2016 WL 3182671, at *2-5 (S.D. Ohio June 8, 2016).

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Bluebook (online)
685 F. App'x 443, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jennifer-frazier-v-richland-public-health-ca6-2017.