Johnson v. Rumsfeld

238 F. App'x 105
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 29, 2007
Docket05-4221
StatusUnpublished
Cited by6 cases

This text of 238 F. App'x 105 (Johnson v. Rumsfeld) 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
Johnson v. Rumsfeld, 238 F. App'x 105 (6th Cir. 2007).

Opinion

SILER, Circuit Judge.

Lois Johnson appeals the district court’s grant of summary judgment in favor of the defendant on her hostile work environment, failure to promote, and constructive discharge claims under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. We AFFIRM.

I.

Johnson was a civilian employee at Rickenbacker Air National Guard Base. In 1993, Rickenbacker closed and Johnson was transferred to the Defense Finance and Accounting Service (“DFAS”) to fill a GS-11 Position Classification Specialist vacancy. Johnson asserts that she was subjected to harassment “practically from the day that she set foot in DFAS” until she was allegedly forced to retire in 1997. Specifically, she claims she suffered a hostile work environment on account of her age and in retaliation for engaging in activities protected by Title VII; 1 she was denied promotional opportunities; and ultimately, she was constructively terminated.

Johnson believes that she was unwelcome at DFAS even before her arrival. She alleges that Human Resource Director Mahlon Boyer challenged her transfer not because she did not possess the necessary qualifications, as he stated, but because of her prior successful suit against the Air Force. She further alleges that when the zoning coordinator demanded that DFAS hire her, Boyer required her to attend a basic training program, even though other transferring employees were not asked to do so. According to Johnson, Boyer also made harassing comments throughout her tenure at DFAS, including: informing her that filing a complaint was a “career ending move,” calling her “disloyal” for taking such action, and describing her as being “out of the fold” because of her complaints.

*107 Johnson also describes instances of harassment by other DFAS employees. A fellow employee allegedly screamed at her for not placing a file in a basket. Another employee put retirement documents in her inbox on several occasions. Yet another co-worker purportedly told her that her office was going to be placed downstairs in the back room office of the cafeteria because she was older and that they were going to keep the younger people upstairs. Her co-workers also allegedly referred to her as “the woman with the money” and as a “sack full of money” because of her award from her prior suit against the Air Force.

In 1995, Johnson contacted the DFAS EEO office regarding her claims of discrimination. Three formal complaints followed: one each in 1995, 1996, and 1997. In each of these complaints, Johnson asserted that she had been discriminated against in promotional opportunities. In her first complaint, she alleged that she was consistently passed over for promotions to GS-12 positions. Although she insists that her complaint required the EEO office to investigate all selections for GS-12 positions, the EEO office narrowed the investigation to “positions within the Human Resources Directorate during the last six months.”

In support of her constructive discharge claim, Johnson claims that Boyer lied to her in order to force her to retire. Boyer allegedly told her that there would no longer be any GS-11 positions. She understood that comment to mean that she would no longer have a job at DFAS. After Johnson retired, however, GS-11 positions remained within the Human Resources department at DFAS. She also alleges that Boyer only gave her a few days to decide whether to retire even after she requested more time to make her decision. When she ultimately accepted retirement, she initially wrote on the form that it was “under protest,” but removed the comment when Boyer allegedly threatened to deny Johnson her bonus.

Furthermore, Johnson asserts that her working conditions were so intolerable that any reasonable person would have felt compelled to retire. She claims that she was denied sick leave, was denied awards and not recognized for her work, was continually denied promotions, and “became so ill because of the harassment that she had to retire for the sake of her health.”

The magistrate judge assigned to the case granted in part defendant’s motion for summary judgment on Johnson’s claims of hostile work environment and constructive discharge. The court also dismissed several of her promotion claims. The remaining claims — (1) age discrimination based on Johnson’s non-selection for the Employee Relations Specialist position, (2) retaliation based on Johnson’s non-selection for the Employee Relations Specialist position, and (3) retaliation based on Johnson’s non-selection for the Equal Employment Opportunity Officer position— were tried to a jury, which returned a verdict in favor of the defendant.

II.

We review a district court’s grant of summary judgment de novo, construing the record in the light most favorable to Johnson and resolving all reasonable inferences in her favor. Williams v. Mehra, 186 F.3d 685, 689 (6th Cir.1999).

A. Hostile Work Environment

Johnson argues that she demonstrated that the harassment she endured was sufficiently pervasive to alter the conditions of her employment. She concedes that the harassment was not severe, but claims that it was pervasive because she was continually harassed throughout the *108 nearly four years that she worked for DFAS. We disagree.

Under Title VII, an actionable hostile environment claim exists only if workplace harassment is “so severe or pervasive as to alter the conditions of the victim’s employment and create an abusive working environment.” Faragher v. City of Boca Raton, 524 U.S. 775, 786, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998) (citing Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 67, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986)) (internal quotations omitted). To determine whether the environment is sufficiently “hostile” or “abusive,” we examine the totality of the circumstances, including “the frequency of the discriminatory conduct; its severity; whether it is physically threatening or humiliating, or a mere offensive utterance; and whether it unreasonably interferes with an employee’s work performance.” Harris v. Forklift Systems, Inc., 510 U.S. 17, 23, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). ‘“Simple teasing,’ offhand comments, and isolated incidents (unless extremely serious)” do not amount to a hostile work environment. Faragher, 524 U.S. at 788, 118 S.Ct. 2275 (1998) (quoting Oncale v. Sundowner Offshore Servs., 523 U.S. 75, 82, 118 S.Ct. 998, 140 L.Ed.2d 201 (1998)).

Johnson’s claim fails because she cannot show pervasive harassment sufficient to alter the conditions of her employment.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ruez v. Lake Cty. Educational Serv. Ctr.
2017 Ohio 4125 (Ohio Court of Appeals, 2017)
Cooper v. Jackson-Madison County General Hospital District
742 F. Supp. 2d 941 (W.D. Tennessee, 2010)
GIBSON-HOLMES v. Fifth Third Bank
661 F. Supp. 2d 905 (M.D. Tennessee, 2009)
Coryell v. Bank One Trust Co., N.A., 07ap-766 (6-5-2008)
2008 Ohio 2698 (Ohio Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
238 F. App'x 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-rumsfeld-ca6-2007.