Kelly v. Senior Centers, Inc.

169 F. App'x 423
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 8, 2006
Docket04-4094
StatusUnpublished
Cited by13 cases

This text of 169 F. App'x 423 (Kelly v. Senior Centers, Inc.) 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
Kelly v. Senior Centers, Inc., 169 F. App'x 423 (6th Cir. 2006).

Opinions

BECKWITH, District Judge.

Michael Kelly appeals the district court’s grant of summary judgment to the defendants in Kelly’s Title VII action. Kelly claimed that he was terminated from his employment with Senior Centers because he complained about racial slurs, foul language, and crude sexual jokes. Kelly also alleged that his fellow employees singled him out for verbal abuse after he complained, creating a hostile work environment.

[425]*425I. Background.

Michael Kelly was hired by Senior Centers as the Director of the “Foster Grandparents Program” in November 2001. Senior Centers is a non-profit agency that provides programs and services for senior citizens in Lucas County, Ohio. The federally-sponsored Foster Grandparents Program matches low-income senior citizens with at-risk or special needs children in the community. The FGP is the only Senior Centers’ program that is income-based; participants must have incomes at or below the federal poverty guidelines. The vast majority of the senior citizens in the FGP are African-American. Kelly is Caucasian and a self-described devout Christian.

As the FGP Director, Kelly had an assistant, Cathy Pinney. Defendant Julie Dangelo is the Executive Director of Senior Centers and was Kelly’s supervisor. Sherri McNeill is the Center’s Assistant Director, and Richard Gee is the Center’s program coordinator. All of these staff members are Caucasian. Defendant Kay Clawson is a member of the Center’s Board of Directors.

Dangelo and McNeill gave Kelly a new employee orientation when he started as FGP Director. This included Kelly’s acknowledged receipt of the Center’s equal employment policy, personnel policies, grievance and complaint procedure, and a policy statement on sexual harassment. That policy stated that any complaints of harassment should be reported to Dangelo, or to the Center’s personnel director, or to the President of the Center’s Board of Directors.

Kelly alleges that Dangelo and McNeill made repeated disparaging remarks about the foster grandparents, remarks that began during his orientation session. He alleges that they referred to the grandparents as “totally disgusting pigs” with “disgusting eating habits” and “nasty behavior.” Early in Kelly’s tenure at the Center, Richard Gee told him to be sure to “purchase plenty of bananas” for an in-service event for the volunteers “because the little monkeys really enjoy their bananas.” Gee also used very offensive language, and told crude sexist and racist “jokes” which Kelly objected to. Gee’s response was “Oh Jesus Christ, now I suppose we have a Holier than Thou new director.” Later on, Gee asked Kelly to give flyers to the FGP volunteers for a St. Patrick’s Day Jigg’s Dinner because, Gee said, Kelly had “plenty of Jiggers that would like to attend.” Gee also told a racially charged joke to Cathy Pinney, which Kelly overheard. The joke was “What two syllable word do whites hate to hear associated with blacks?” The punch line was “Neighbor.” When Kelly again objected, Gee again accused Kelly of having a “holier than thou attitude.” (A former FGP director stated that Gee said when a Hispanic employee and her daughter arrived at the Center one day, “Here come the Mexicans.”)

Kelly asserts that Dangelo heard many of these inappropriate remarks and just laughed. Kelly also claims that he wrote a memo to Dangelo, describing the objectionable racial comments, and that Dangelo refused to accept it, telling Kelly that “we don’t do memos here.” Dangelo allegedly told Kelly that he should follow the grievance policy if he was unhappy, but also told Kelly that she represents the Board in everything, that she “handpicked her board and that they did what she asked them to do.”

Kelly also asserts that Dangelo and McNeill made repeated racist comments and engaged in racist conduct. For instance, Kelly asserts Dangelo called an African-American member of Senior Centers’ Board a “token black.” Dangelo re[426]*426fused to have the first floor restrooms regularly cleaned because they were frequently used by the foster grandparents. Kelly claims that Dangelo complained that an African-American staff member used the second floor bathroom, which was also used by the administrative staff. During the FGP Christmas party, Dangelo allegedly told Kelly that “These pigs could care less about the decorations or the music Mike. They only get upset when you mess with their food, don’t change the menu because they got to have their chicken.” Kelly asserts that a janitor referred to the FGP program participants as “niggers” in front of Dangelo, and that she laughed even when Kelly asked the janitor to stop. Dangelo allegedly told Kelly that her staff had a right to act this way because they were treated so badly by the FGP volunteers over the years.

Cathy Pinney, Kelly’s assistant, testified that she heard racially charged remarks and jokes during her tenure at Senior Centers. (Pinney resigned her position a few months after Kelly was terminated.) However, Pinney also participated in several incidents that Kelly found objectionable. Pinney put some cartoons on Kelly’s desk that were sexually offensive. She and Dangelo allegedly joked on one occasion about their sex lives in front of Kelly. Kelly also asserts that many Center staff made liberal use of the “f ’ word, which he found offensive.

On December 14, 2001, Kelly met with McNeill to discuss possible reimbursement for an upcoming trip to Columbus. According to McNeill’s written memo to Kelly’s personnel file, McNeill told him to check the personnel manual, but as a salaried employee he would not be entitled to comp time. Kelly then “blew up” at McNeill, “screaming that all I ever gave him were smart-ass answers to his questions.” According to McNeill, Kelly ranted for a while longer, and could not give her examples of occasions when McNeill had not answered his questions. Instead, Kelly started complaining about Dangelo and her failure to communicate with him. Cathy Pinney and another employee, Vicki Goetz, overheard Kelly’s outburst. Goetz called McNeill at home later, to be sure that McNeill was OK. McNeill urged Kelly to take his concerns directly to Dangelo. On the following Monday, Kelly returned to work as though nothing had happened and said nothing to Dangelo about the incident.

In December 2001; when Dangelo rebuffed Kelly’s complaints about the racial and sexual conduct, Kelly contacted Laurel Shoaff, with the Corporation for National Community Service. CNCS as the federal funding agency for the FGP, and provides oversight and support services to the program. Kelly met with Shoaff and other CNCS staff in Columbus in December 2001 and reviewed his concerns about Senior Centers. In affidavits filed in the district court, Shoaff states that complaints about racial comments and discriminatory remarks at Senior Centers predated Kelly’s arrival at the Center in November 2001.

Shoaff visited Senior Centers from Feb. 26 to March 1, 2002 for a planned evaluation and oversight visit. She met separately with Kelly, Pinney, the Senior Centers’ Board of Directors, and other employees during the visit. Kelly again stated his concerns to Shoaff about the racial and sexual comments and jokes. Kelly also showed Shoaff some sexually themed cartoons and jokes which had been circulated at the Center. Shoaffs first affidavit (filed with Kelly’s opposition to Defendants’ motion for summary judgment) unequivocally states that she spoke to Dangelo during an exit interview on March 1, 2002 about Kelly’s complaints [427]*427and her concerns over racial and sexual harassment.

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169 F. App'x 423, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kelly-v-senior-centers-inc-ca6-2006.