Manis v. Hoxworth Blood Center, University of Cincinnati Medical Center

2002 Ohio 5496, 777 N.E.2d 918, 120 Ohio Misc. 2d 43
CourtOhio Court of Claims
DecidedSeptember 30, 2002
DocketNo. 2000-10278
StatusPublished

This text of 2002 Ohio 5496 (Manis v. Hoxworth Blood Center, University of Cincinnati Medical Center) is published on Counsel Stack Legal Research, covering Ohio Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manis v. Hoxworth Blood Center, University of Cincinnati Medical Center, 2002 Ohio 5496, 777 N.E.2d 918, 120 Ohio Misc. 2d 43 (Ohio Super. Ct. 2002).

Opinion

EveREtt BuRton, Judge.

{¶ 1} Plaintiff brings this action against defendants alleging employment discrimination pursuant to R.C. 4112.02. Defendants denied liability, and the case was tried to the court.

{¶ 2} Plaintiff was born in 1938. She was employed by Hoxworth Blood Center (“Hoxworth”) from 1987 until the date of her resignation in January 1999. Plaintiff subsequently elected to receive retirement benefits and has not worked since January 1999.

{¶ 3} Hoxworth is a branch of the University of Cincinnati Hospital that supplies blood to 35 area hospitals through its central office, neighborhood donor centers, and mobile units. Plaintiff was initially hired to supervise the neighborhood donor centers and later became assistant to the director of donor operations (“DDO”), Victoria Hilton. Plaintiff testified that under Hilton, her duties included designing, opening, and staffing new donor centers. Plaintiff testified that she felt “part of a team,” that she loved her job, and that she enjoyed having input.

{¶ 4} When Pam Roeller later became DDO, plaintiff shared her duties with Karen Skaggs. Plaintiff, however, retained responsibility for personnel matters. Plaintiff testified that she received annual pay raises and favorable performance reviews under Hilton and Roeller.

{¶ 5} Plaintiff testified that working conditions started to deteriorate beginning with Vickie Williamson’s appointment as Hoxworth’s deputy director in 1997. Plaintiff had never heard any complaints about her job performance during the time that she was supervised by Hilton and Roeller. However, when Roeller left her position as DDO in 1997, Williamson promoted Mark Folino to fill that position in April 1998. Plaintiff did not apply for Roeller’s position.

{¶ 6} Prior to April 1998, Folino had been serving as head nurse. As head nurse, Folino reported to plaintiff, but, as DDO, Folino became plaintiffs direct supervisor. Plaintiff testified that she did not like the new structure and did not like reporting to Folino. In May 1998, Williamson and Folino informed plaintiff of their concerns about her job performance in a written review dated May 15, 1998. Among the chief concerns listed were plaintiffs inability to limit overtime, [46]*46ineffective scheduling, failure to fill open positions for staff phlebotomists, and failure to obtain requested training.

{¶ 7} In a meeting to discuss plaintiffs performance review, plaintiff claims that Williamson yelled and screamed at her and almost came over the desk after her. Plaintiff testified that she was totally shocked by the written review and did not agree with any of it. Williamson testified that plaintiff refused to address the concerns raised in the memorandum and refused to respond to direct questions about her job performance.

{¶ 8} A subsequent review and meeting in December 1998 yielded similar results. Plaintiff claimed that the evaluations were incorrect and that Williamson and Folino became angry and abusive at a subsequent meeting called to discuss plaintiffs performance. Williamson and Folino claimed that plaintiff either failed or refused to provide any responses to the concerns raised in the written review or to offer any specifics about her plans for improvement.

{¶ 9} Eventually, Williamson gave plaintiff the option to accept a position as a staff nurse or be fired and receive six months’ pay. Plaintiff was given one day to think about her options; she chose to resign and then retire.

{¶ 10} Plaintiffs primary cause of action in this case is for age discrimination under R.C. 4112.02(A), which provides:

{¶ 11} “It shall be an unlawful discriminatory practice:

{¶ 12} “(A) For any employer, because of the race, color, religion, sex, national origin, handicap, age, or ancestry of any person, to discharge without just cause, to refuse to hire, or otherwise to discriminate against that person with respect to hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment.”

{¶ 13} A plaintiff may establish a prima facie case of discrimination either by direct evidence or by the indirect method established by the United States Supreme Court in McDonnell Douglas Corp. v. Green (1973), 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668. Under McDonnell Douglas, an inference of discriminatory intent may be made by establishing that plaintiff (1) was a member of a protected class, (2) suffered an adverse employment action, (3) was qualified for the position held, and (4) that comparable, nonprotected persons were treated more favorably. See, also, Goad v. Sterling Commerce, Inc. (June 13, 2000), Franklin App. No. 99AP-321, 2000 WL 756386, following McDonnell Douglas. In the case of age discrimination, it must be shown that age was the motivating factor for the adverse employment action. Kohmescher v. Kroger Co. (1991), 61 Ohio St.3d 501, 575 N.E.2d 439.

[47]*47{¶ 14} Once a plaintiff establishes a prima facie case, discrimination is presumed. The burden of production then shifts to the employer to come forward with evidence of a legitimate, nondiscriminatory reason for plaintiffs discharge. Id. If the employer articulates a legitimate, nondiscriminatory reason, the presumption of discrimination is rebutted; plaintiff must then present evidence that the employer’s proffered reason was a mere pretext for unlawful discrimination. Manofsky v. Goodyear Tire & Rubber Co. (1990), 69 Ohio App.3d 663, 668, 591 N.E.2d 752.

{¶ 15} In support of her claim of age discrimination, plaintiff points to statements allegedly made by Williamson and Folino as evidence of discriminatory intent. Plaintiff testified that in meetings with Williamson and Folino regarding plaintiffs job performance, both talked about plaintiffs age, used the term “old management,” and raised the issue of plaintiffs retirement eligibility.

{¶ 16} Both Williamson and Folino testified that it was plaintiff who initially raised the issue of her retirement in meetings about her job performance. The court finds this testimony to be credible. Indeed, upon review of the evidence, the court finds that plaintiff initiated discussions about her retirement in an effort to avoid answering questions about her job performance — questions that she believed were unfair and unjustified.

{¶ 17} Additionally, the court finds that a serious personality conflict developed between plaintiff and both Williamson and Folino. The testimony establishes that the management style employed by Williamson was aggressive and confrontational. Folino’s style was similar. Indeed, at some point during this time period, plaintiff refused to speak directly to Folino. Instead, plaintiff communicated with him only with written memoranda. Williamson eventually demanded that plaintiff stop using written memoranda. Plaintiff also testified that at other times during 1998, she felt that she was both ignored by Folino and Williamson and excluded from meetings. Plaintiff was not the only Hoxworth employee to have problems with Williamson. Indeed, Pat Roeller testified that she left her position because of poor treatment by Williamson. According to Roeller, Williamson was a dictatorial and unreasonable woman who often yelled and screamed at her.

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Related

McDonnell Douglas Corp. v. Green
411 U.S. 792 (Supreme Court, 1973)
Manofsky v. Goodyear Tire & Rubber Co.
591 N.E.2d 752 (Ohio Court of Appeals, 1990)
Dodson v. Wright State University
697 N.E.2d 287 (Ohio Court of Claims, 1997)
Washington v. Central State University
699 N.E.2d 1016 (Ohio Court of Claims, 1998)
Kohmescher v. Kroger Co.
575 N.E.2d 439 (Ohio Supreme Court, 1991)

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Bluebook (online)
2002 Ohio 5496, 777 N.E.2d 918, 120 Ohio Misc. 2d 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manis-v-hoxworth-blood-center-university-of-cincinnati-medical-center-ohioctcl-2002.