Juanita GRIFFIN, Appellant, v. WASHINGTON CONVENTION CENTER, Appellee

142 F.3d 1308, 330 U.S. App. D.C. 81, 49 Fed. R. Serv. 348, 1998 U.S. App. LEXIS 9455, 76 Fair Empl. Prac. Cas. (BNA) 1526, 1998 WL 232796
CourtCourt of Appeals for the D.C. Circuit
DecidedMay 12, 1998
Docket97-7074
StatusPublished
Cited by90 cases

This text of 142 F.3d 1308 (Juanita GRIFFIN, Appellant, v. WASHINGTON CONVENTION CENTER, Appellee) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Juanita GRIFFIN, Appellant, v. WASHINGTON CONVENTION CENTER, Appellee, 142 F.3d 1308, 330 U.S. App. D.C. 81, 49 Fed. R. Serv. 348, 1998 U.S. App. LEXIS 9455, 76 Fair Empl. Prac. Cas. (BNA) 1526, 1998 WL 232796 (D.C. Cir. 1998).

Opinions

Opinion for the court filed by Circuit Judge GINSBURG.

Concurring opinion filed by Circuit Judge SENTELLE.

GINSBURG, Circuit Judge:

When the Washington Convention Center discharged Juanita Griffin from her position as an electrician, Griffin brought suit alleging sex discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. At trial, the magistrate judge excluded evidence tending to show that Griffin’s immediate supervisor was opposed to women working as electricians. The WCC defends that evidentiary ruling on the ground that the supervisor’s alleged bias was irrelevant because he lacked authority to fire Griffin; it was his superior, a woman, who made the ultimate decision to fire the plaintiff. The WCC admitted, however, that the plaintiffs supervisor participated at every stage of the process that led to her termination.

We hold that evidence of a subordinate’s bias is relevant where, as here, the ultimate decisionmaker is not insulated from the subordinate’s influence. The magistrate judge therefore erred in excluding evidence of the supervisor’s bias. Accordingly, we reverse the judgment of the district court and remand the case for a new trial.

I. BACKGROUND

Juanita Griffin went to work for the WCC as an apprentice electrician in 1984. Griffin worked in the “engineering” department doing routine maintenance, such as changing light bulbs. She had little occasion to develop her skills but got favorable performance evaluations. In 1987 she received her journeyman electrician’s license. As a result of the reorganization that the WCC carried out that same year, Griffin came under the supervision of Cleo Doyle, a man who regarded Griffin as incompetent. According to Griffin, Doyle repeatedly said that women should not be working as electricians but should stay at home, “barefoot and pregnant.”

Doyle recommended to his superior, Director of Operations Reba Evans, that Griffin be fired. After a series of meetings with Doyle, Griffin, and Randolph Scott — Griffin’s union representative — Evans decided to have Doyle and Scott develop a training program for Griffin (and two other employees about whom Doyle had complained), after which Doyle would test Griffin’s skills. When Griffin had repeatedly failed the test, Doyle again recommended that Griffin be fired. After further consultation with Scott and others, Evans discharged Griffin.

Griffin then filed a complaint with the D.C. Department of Human Rights charging the WCC with sex discrimination. Upon receiving a right-to-sue letter she brought suit under Title VII in district court. Griffin’s counsel planned to offer the testimony of Griffin and two (male) coworkers detailing various sexist remarks allegedly made by Doyle. Before the trial began, however, the magistrate judge granted the WCC’s motion in limine to exclude any reference to Doyle’s comments about the proper role of women. When Griffin’s lawyer later elicited testimony concerning Doyle’s comments, the judge instructed the jury to disregard the testimony. The judge did, however, permit the following exchange during the cross-examination of Evans by Griffin’s lawyer:

Q. You don’t recall testifying that Ms. Griffin told you she had concerns because she believed Mr. Doyle and Mr. Fleming [another of Griffin’s superiors] were sexists?
A. I remember the conversation, yes.
Q. Do you recall what specifically she told you in that regard?
A. No, I don’t. Most of the focus that I remember was with regard to her performance.
Q. Do you recall her telling you that Mr. Doyle had made a statement to her that he believed that she should be at home, barefoot and pregnant? Do you recall her telling you that?
A. No, I don’t.

The jury returned a verdict for the WCC. Griffin appeals.

[1311]*1311II. ANALYSIS

Griffin claims that the magistrate judge committed reversible error when he excluded as irrelevant testimony about Doyle’s sexist remarks. The WCC responds that the judge did not err at all in excluding the testimony because Doyle was not responsible for Griffin’s dismissal and Evans, who was responsible, based her decision upon an objective test of Griffin’s skills — a test developed and supervised in part by Griffin’s union representative. In the alternative, the WCC argues that the exclusion of the disputed testimony was harmless error in light of all the evidence indicating that Griffin was fired for incompetence.

A. Relevance

The magistrate judge initially regarded Griffin’s effort to introduce testimony about Doyle’s comments as an attempt to smuggle into the record evidence relevant only to theories of recovery that Griffin had failed to raise in her complaint to the Department of Human Rights. In his order granting the WCC’s motion in limine the judge explained:

Evidence of a course of conduct as well as statements designed to show intent to sexually harass relevant to a claim of maintaining a sexually hostile work environment is not relevant to a claim of sexual discrimination in job training.

During Griffin’s opening statement, the WCC objected to Griffin’s reference to expected testimony on the issue of Doyle’s bias. The magistrate judge sustained the objection, apparently because he still regarded the testimony as relevant only to a sexual harassment claim that had not been preserved for trial. Later in the course of the trial the magistrate judge shifted his ground somewhat:

[TJhis witness [Doyle] did not have any authority to hire or fire individuals. He made a recommendation and, on a number of occasions, his recommendation was overruled. So, he was not the one who had the ultimate authority on it.

Griffin has argued from the outset that the excluded testimony is probative of Doyle’s motive and intent and relevant to the case because Doyle was responsible for Griffin’s training and participated in the decision-making process that led to her discharge. The WCC, on the other hand, argues that Doyle’s motive and intent are not relevant because Evans, not Doyle, made the decision to fire Griffin.

The WCC relies upon the reasoning of a recent case in the Seventh Circuit:

[W]hen the causal relationship between the subordinate’s illicit motive and the employer’s ultimate decision is broken, and the ultimate decision is clearly made on an independent and a legally permissive [sic] basis, the bias of the subordinate is not relevant.

Willis v. Manon County Auditor’s Office, 118 F.3d 542, 547 (1997). So much is uncontroversial; even Griffin agrees with the principle. Hence, if it is true, as the WCC argues, that Evans’s “decision [to terminate Griffin was] independent of, or insulated from” Doyle, then the evidence of Doyle’s bias was properly excluded as irrelevant.

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Bluebook (online)
142 F.3d 1308, 330 U.S. App. D.C. 81, 49 Fed. R. Serv. 348, 1998 U.S. App. LEXIS 9455, 76 Fair Empl. Prac. Cas. (BNA) 1526, 1998 WL 232796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/juanita-griffin-appellant-v-washington-convention-center-appellee-cadc-1998.