Kathryn O. Reinhold v. Commonwealth of Virginia Virginia School for the Deaf and Blind

135 F.3d 920, 1998 U.S. App. LEXIS 1669, 72 Empl. Prac. Dec. (CCH) 45,254, 75 Fair Empl. Prac. Cas. (BNA) 1862, 1998 WL 45247
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 6, 1998
Docket96-2816
StatusPublished
Cited by14 cases

This text of 135 F.3d 920 (Kathryn O. Reinhold v. Commonwealth of Virginia Virginia School for the Deaf and Blind) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kathryn O. Reinhold v. Commonwealth of Virginia Virginia School for the Deaf and Blind, 135 F.3d 920, 1998 U.S. App. LEXIS 1669, 72 Empl. Prac. Dec. (CCH) 45,254, 75 Fair Empl. Prac. Cas. (BNA) 1862, 1998 WL 45247 (4th Cir. 1998).

Opinions

Affirmed in part and reversed in part by published opinion. Judge HAMILTON wrote the opinion, in which Judge MURNAGHAN joined. Judge NIEMEYER wrote a separate opinion concurring in part and dissenting in part.

OPINION

HAMILTON, Circuit Judge:

The Commonwealth of Virginia and the Virginia School for the Deaf and Blind (collectively, the Appellants) appeal the district court’s denial of their renewed motion for judgment as a matter of law as to appellee Kathryn Reinhold’s (Reinhold) claims of sexual harassment in violation of Title VII of the Civil Rights Act of 1964. See 42 U.S.C. § 2000e-2(a)(l). The Appellants argue that the district court erred when it denied their motion following a jury verdict in Reinhold’s favor. The Appellants also argue that the district court erred when it submitted Reinhold’s claim for psychological damages to the jury. We agree with Appellants that the district court erred when it denied their motion as to Reinhold’s hostile work environment sexual harassment claim. However, we hold the district court properly denied the Appellants’ motion as to Reinhold’s quid pro quo sexual harassment claim and the district court properly submitted Reinhold’s claim for psychological damages to the jury. Accordingly, we affirm the district court’s judgment in part and reverse it in part.

I.

The Appellants appeal the district court’s denial of their renewed motion for judgment as a matter of law. Therefore, we consider the evidence presented at trial in the light most favorable to Reinhold, the nonmoving party. See Price v. City of Charlotte, 93 F.3d 1241, 1249 (4th Cir.1996), cert. denied, - U.S. -, 117 S.Ct. 1246, 137 L.Ed.2d 328 (1997).

Reinhold was employed as a school psychologist at the Virginia School for the Deaf and Blind (VSDB) in Hampton, Virginia, beginning on August 23, 1990. In her position as school psychologist, Reinhold was part of a work unit that consisted of a group of multidisciplinary professionals, referred to as the Treatment and Diagnostic Team (the Diagnostic Department or the Department), responsible for providing a variety of services to the students. As school psychologist, Reinhold counseled children, both individually and in groups, performed psychological testing, and worked with teachers on student behavioral problems. In addition, Reinhold was responsible for completing the psychological portions of triennial evaluations for each student.

In September 1990, Dennis Martin, the man whom Reinhold accuses of sexually harassing her, was appointed coordinator of the Diagnostic Department and was appointed to the Administrative Council of VSDB, a position reserved for top management at the time he was appointed. According to a letter sent to Reinhold confirming the terms of her employment, Martin, VSDB’s audiologist, was her “immediate supervisor,” responsible for assisting Reinhold “with any questions [she] may have concerning [her] schedule, performance and duties.” (J.A. 428). Ruth Berman was the business manager of VSDB and the management-level supervisor, or “department head,” of the Diagnostic Department. (J.A. 314). Berman reported to Frank Bryan, Superintendent of VSDB.

One of the issues pertinent to this appeal is the scope of Martin’s supervisory authority over Reinhold. In his role as immediate supervisor of Reinhold and the other members of the Diagnostic Department, Martin was responsible for approving leave schedules, convening Department meetings to discuss work plans and projected assignments, and developing and managing the departmental budget. In addition, Martin evaluated staff members’ job performances and conducted workshops for the staff. Although Martin was not responsible for final hiring decisions, he participated in interviewing and made hiring recommendations.1 As with hir[924]*924ing decisions, Martin did not have the final authority to approve attendance at professional conferences but did recommend that certain employees be permitted to attend conferences and signed the approval form as recommending supervisor.

With regard to discipline, Martin did not have the authority to issue formal discipline citations without approval from another school administrator. However, he did participate in informal discipline and was vested with the responsibility of ensuring that Department members performed their jobs. To that end, Department members signed in and out at Martin’s office and were required to meet with and report to Martin on a regular basis about their assignments and their progress. Although Reinhold apparently believed that she generally had to do what Martin required of her, on at least one occasion when she disagreed with Martin, she discussed the issue with VSDB Superintendent Frank Bryan, who agreed with Reinhold and overruled Martin’s decision at issue.

With respect to the evaluation of Reinhold’s performance, in particular, Berman testified that she was the individual who recommended that the superintendent retain Reinhold for a second year as school psychologist following the 1990-91 school year. According to Berman, Martin did not have any formal participation in her decision to recommend Reinhold for a second year; however, Berman spoke regularly with Martin about Reinhold, and she considered Martin’s evaluation of Reinhold’s performance in deciding whether to recommend a second year for Reinhold.

During Reinhold’s first school year at VSDB, the 1990-91 school year, she encountered no difficulties with Martin and considered him a friend. Members of the Department frequently had lunch together, and on occasion, Reinhold accompanied Martin to dinner to entertain a prospective employee or to discuss a ease. On another occasion she went to a movie with Martin following a particularly difficult day. Reinhold testified that, at that time, Martin had not engaged in any inappropriate behavior toward her and she had no reason to fear him. On Reinhold’s birthday, Martin gave her a desk plate bearing the inscription “Kathryn Reinhold, Psychologist” and a card including the statement, “I love you.” Because both children and employees at VSDB frequently expressed their affection for one another by communicating, via sign language, “I love you,” Reinhold believed that Martin’s statement in the card was nothing more than an expression of support and friendship. In response, she wrote a thank you note which closed with the same expression.

Beginning in late July or early August 1991, just before the beginning of the 1991-92 school year, Reinhold began to experience unwelcome sexual advances by Martin. The first incident occurred when Martin came to Reinhold’s office and recited a poem about the first time he masturbated. Reinhold testified that she felt embarrassed and very uncomfortable and that, in response, she made an excuse to leave her office. Some time later in August 1991, Martin called Reinhold into his office and gave her “pills” which contained sexually explicit messages.

Martin then began requiring Reinhold to come to his office to meet with him alone. He used these meetings as opportunities to sexually approach her by, for example, telling her that he could not control his feelings, that he felt like grabbing her all day, that he could not take his eyes off of her, and that he could not control himself.

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Bluebook (online)
135 F.3d 920, 1998 U.S. App. LEXIS 1669, 72 Empl. Prac. Dec. (CCH) 45,254, 75 Fair Empl. Prac. Cas. (BNA) 1862, 1998 WL 45247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kathryn-o-reinhold-v-commonwealth-of-virginia-virginia-school-for-the-ca4-1998.