John Saulsberry v. St. Mary's University of Minnesota, a Minnesota Non-Profit Educational Institution

318 F.3d 862, 2003 U.S. App. LEXIS 1657, 90 Fair Empl. Prac. Cas. (BNA) 1846
CourtCourt of Appeals for the Eighth Circuit
DecidedJanuary 31, 2003
Docket01-3991
StatusPublished
Cited by44 cases

This text of 318 F.3d 862 (John Saulsberry v. St. Mary's University of Minnesota, a Minnesota Non-Profit Educational Institution) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John Saulsberry v. St. Mary's University of Minnesota, a Minnesota Non-Profit Educational Institution, 318 F.3d 862, 2003 U.S. App. LEXIS 1657, 90 Fair Empl. Prac. Cas. (BNA) 1846 (8th Cir. 2003).

Opinion

MCMILLIAN, Circuit Judge.

John Saulsberry appeals from a final judgment entered in the district court 1 in favor of St. Mary’s University of Minnesota (St. Mary’s or the university) on his race discrimination and retaliation claims, in violation of Title VII, 42 U.S.C. § 2000e, 42 U.S.C. § 1981, and the Minnesota Human Rights Act, MinmStat. § 363.03 (MHRA). We affirm.

BACKGROUND

In 1993, Saulsberry, an African-American, was working for a security company as a security guard assigned to St. Mary’s Twin Cities campus in Minneapolis, Minnesota. The Twin Cities campus primarily offers night and week-end classes for adult students. St. Mary’s also has a residential undergraduate campus in Winona, Minnesota. In 1995, St. Mary’s hired Saulsberry as a security guard. He worked a split shift from 7 a.m. to 9 a.m. and from 4 p.m. to 10 p.m.

In the fall of 1996, Saulsberry sought permission to enroll in undergraduate classes at the Twin Cities campus at a reduced rate. St. Mary’s written policy provided that full-time employees could “enroll in courses subject to the requirements of the employee’s job and the approval of the employee’s supervisor and the [university’s] Vice President.” The *864 policy also provided that employees were entitled to a 100% tuition remission at the Winona campus, but did not provide for tuition remission at the Twin Cities campus. Brother Louis DeThomasis (Brother Louis), president of the university, explained that the reason for the disparity was economic because the Winona faculty were full-time salaried employees, whereas the Twin Cities faculty were part-time adjunct faculty, who were paid according to the number of students enrolled in the class. Brother Louis, however, had the discretion to grant university employees tuition remission at the Twin Cities campus. In doing so, he considered the benefit to the university and the benefit to the employee.

Although Brother Louis did not perceive a significant benefit to the university if Saulsberry obtained an undergraduate degree, he granted Saulsberry a 75% tuition remission. Saulsberry was also allowed to enroll in night classes during his. regular work hours with no reduction in his wages. In 1996, Saulsberry took five classes over three semesters. Sometime in 1997, he was promoted to director of security and supervised one or two other employees. In that year, he took nine courses, all during his work hours. Saulsberry took eight courses in 1998 and six courses in 1999.

In January 1998, the university’s vice president, Daniel Maloney, talked to Brother Louis about granting a tuition remission to his administrative assistant, Barbara Croucher, a white woman. Malo-ney wanted her to take business courses and obtain an undergraduate degree because she dealt with financial matters and other high profile administrative matters. Brother Lewis granted Croucher a 100% tuition remission, believing that the university would benefit if Croucher obtained a degree. Unlike Saulsberry, Croucher did not attend classes during her work hours. Saulsberry learned that Croucher was receiving a 100% tuition remission that month. In late January or early February 1998, Saulsberry complained to Maloney that the university was discriminating against him because of the tuition remission disparity between him and Croucher. In June 1998, the university promoted Croucher to executive director of financial and administrative affairs and she became Saulsberry’s supervisor. In September 1998, two other employees were granted 100% tuition remission at the Twin Cities campus; one was an African-American.

In February 1999, Saulsberry filed discrimination and retaliation charges with the state department of human rights. After receiving a right-to-sue letter, Sauls-berry filed an action in state court, alleging that the university had discriminated against him by awarding him a 75% tuition remission, while awarding 100% tuition remission to white employees, in violation of the MHRA, Title VII, and § 1981. He also asserted that after he complained to Maloney, the university retaliated against him. He claimed that Maloney limited the number of classes he could take during work hours. Saulsberry also claimed he was subjected to race-based comments. In particular, Saulsberry alleged that Ma-loney had made a comment that he needed lotion for his “ashy” skin; John Pyle, who had replaced Croucher as Maloney’s administrative assistant, and a temporary receptionist had referred to him as “Shaft”; and the receptionist had referred to him as a “black dog.” Saulsberry also alleged that Croucher’s promotion was a retaliatory act and that, after she became his supervisor, she changed his hours and duties, removed his name from a campus mailbox, moved his office, and promoted the only other security employee to the associate director of security.

*865 St. Mary’s removed the case to federal district court and moved for summary judgment. St. Mary’s argued that Sauls-berry’s MHRA discrimination claim was untimely because it was not filed within the one-year statute of limitations of Minn. Stat. § 363.03, subd. 3. The university also argued that summary judgment was appropriate on the state law claim, as well as on the Title VII and § 1981 discrimination claims, because Saulsberry could not prove that the white employees who received 100% tuition remission were similarly situated to him. In support, the university submitted evidence that, in addition to Croucher, other white employees had received 100% tuition remission, but that none of them had taken classes during work hours. Believing that Saulsberry had raised a hostile work environment claim, the university argued that the complained of comments did not create a hostile work environment. As to the retaliation claim, the university argued that the alleged retaliatory actions were not adverse actions. Among other things, the university noted that his name was removed from the campus mailbox and his hours were changed for only three days. As to any action that might be deemed adverse, the university argued that Sauls-berry could not prove causation. In particular, as to Croucher’s actions, the university submitted evidence that Croucher had not learned of Saulsberry’s complaint to Maloney until after he filed his discrimination charges in February 1999. The university also presented legitimate, non-retaliatory reasons for the actions and argued that Saulsberry had no evidence of pretext. For example, it noted that Croucher’s promotion and appointment as Saulsberry’s supervisor in June 1998 was part of an administrative restructuring.

In response, Saulsberry argued that the white employees who received 100% tuition remission were similarly situated to him because they were full-time employees enrolled in undergraduate courses and Brother Louis had made the remission decisions. Saulsberry also responded that he was not raising a freestanding hostile work environment claim, but was offering evidence of the race-based comments to show an adverse action in his retaliation claim.

The district court granted St. Mary’s motion for summary judgment in part and denied it in part.

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Bluebook (online)
318 F.3d 862, 2003 U.S. App. LEXIS 1657, 90 Fair Empl. Prac. Cas. (BNA) 1846, Counsel Stack Legal Research, https://law.counselstack.com/opinion/john-saulsberry-v-st-marys-university-of-minnesota-a-minnesota-ca8-2003.