Mark Mason v. Southern Illinois University at Carbondale

233 F.3d 1036, 2000 U.S. App. LEXIS 30763, 80 Empl. Prac. Dec. (CCH) 40,659, 84 Fair Empl. Prac. Cas. (BNA) 1814, 2000 WL 1779187
CourtCourt of Appeals for the Seventh Circuit
DecidedDecember 5, 2000
Docket99-3120
StatusPublished
Cited by144 cases

This text of 233 F.3d 1036 (Mark Mason v. Southern Illinois University at Carbondale) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mark Mason v. Southern Illinois University at Carbondale, 233 F.3d 1036, 2000 U.S. App. LEXIS 30763, 80 Empl. Prac. Dec. (CCH) 40,659, 84 Fair Empl. Prac. Cas. (BNA) 1814, 2000 WL 1779187 (7th Cir. 2000).

Opinions

MANION, Circuit Judge. '

Mark Mason is a black man who worked as a dispatcher (or “telecommunicator”) for the Department of Public Safety (the campus police) at Southern Illinois University (SIU). His health problems frequently caused him to miss work for substantial periods of time, and these absences either caused or greatly contributed to his supervisor’s dislike of him. Mason thought this dislike was racially motivated, so after he was fired, he sued SIU under Title VIL A jury found for SIU, and Mason appeals, contending that the district court erred in excluding evidence of racial epithets that some of his coworkers allegedly made when neither he nor his supervisor were around. Because the district court did not abuse its discretion, we affirm.

I. Background

Mark Mason worked as a dispatcher at SIU from 1983-1998. His health-related absences from work (which had always been considerable) increased substantially after 1991 when Corporal Carol Kammerer, a white woman, became his supervisor. One absence lasted nine months, from September, 1994 to May, 1995. When Mason returned to SIU, he worked for about six weeks, took extended sick leave again in July, 1995, and never returned to work. While on his latest leave, Mason filed a worker’s compensation claim against SIU for stress; he also unsuccessfully sought other employment with SIU. Mason settled this claim in the summer of 1998. As part of the settlement, SIU offered him his job back, but Mason refused this offer. Under the civil service rules, SIU had two options at this point — Mason could resign or be terminated. Mason refused to resign, so he was fired.

According to Mason, his refusal to return to work was due to the rocky relationship he had with Kammerer. He claimed she was abusive toward him, such as by allegedly calling him “stupid” and “dumb” when he would incorrectly perform a task. (Kammerer denies referring to Mason ever in this fashion.) Even though Kam-merer never made racist remarks in Mason’s presence, let alone to him, Mason believed Kammerer treated him badly because he was black and that this treatment exacerbated his health problems, which ultimately prevented him from working for her. He sued SIU under Title VII, claiming racial, discrimination in the form of a hostile work environment. The case proceeded to trial, where the district court excluded racial epithets allegedly made by Mason’s coworkers which neither Mason nor Kammerer ever heard. Mason lost his case before a jury and appeals the district court’s evidentiary ruling, asking for a new trial. Mason now claims that not only his supervisor but also his coworkers created the allegedly hostile work environment. Because there is a distinction in the legal analysis, we first need to resolve this dispute.

A. Mason’s Title VII Claim

A close examination of Mason’s complaint discloses that he alleged only that his supervisor, not his coworkers, was racially harassing him. The relevant paragraphs of the complaint are as follows:

21. During the course of his employment with the Defendant, the Plaintiff was subjected to unwelcome harassment by his supervisor, including:
a. Exposure to stress and harassment
b. Exposure to racial epithets
c., Being passed over for promotions and overtime.
24. That the actions of the Plaintiff’s supervisor were performed as an [1040]*1040agent of the Defendant herein and in the course of the supervisor’s duties as supervisor.

(Emphasis added.) Mason never amended this complaint to include a claim for coworker-created hostile work environment. Nor did he otherwise notify SIU that he was complaining of anything other than a supervisor-created hostile work environment.1

Even at trial Mason continued to insist that Kammerer was the source of his problems. He stated that in 1992 he met with the then-newly hired head of the Public Safety Department, Sam Jordan, to complain that Kammerer was being “racist towards me” by “calling me dumb and stupid and aggravating me.” He later complained to Jordan that he had been having “an ongoing problem” with Kam-merer “harassing me, and I felt that she was constantly picking on me because I’m black.” After years of working underneath Kammerer, Mason testified that his health began to deteriorate. He felt that working for her “was aggravating, humiliating. It was hostile, and I wanted to get [out] from under her.” He stated that while he had experienced some health problems before working for Kammerer, his symptoms increased substantially once she became his supervisor. Mason stated that he had talked with “Jordan many times because it appeared to be a constant problem that I was having with Kammerer.” As a result, Mason talked with Jordan about getting another job in the department, and he made other efforts “to try to get away from Corporal Kammerer’s supervision.” Mason went on disability leave in late 1994 because Kammerer’s behavior was harming his health:

[W]orking at the Department of Public Safety — excuse me — working at the Department of Public Safety under Corporal Carol Kammerer was causing too much problems on my health and no— the university wasn’t taking no [sic] actions to correct the situation.

(Emphasis added.) He told the jury that after he “had been out of the work environment under Carol — under Corporal Kammerer for several months,” his “condition started to improve.” He then briefly mentioned that when he returned to work in May of 1995, his white coworkers “acted isolated towards me,” not talking “to me like they generally did. Sometimes I would speak to them and they wouldn’t even speak back to me.” Mason said that when he returned to work for the last time, Kammerer “started treating me the way she normally treated me. Yell at me, scream at me, holler at me. [sic]” According to him, as of the trial, Kammerer was still “in charge of telecommunicators” and he was not “aware of any action that’s been taken against her” in response to his complaints about her.

On cross-examination, Mason confirmed that his harassment claim was based on Kammerer’s conduct, not that of his coworkers or anyone else:

Q. And you were offered the position-you were offered your position to return to once you had completed [maximum medical improvement as [1041]*1041part of Mason’s workman’s compensation claim]?
A. That’s correct.
Q. And you said you weren’t going to return to the telecommunicator’s job at SIU; is that right?
A. No. I said I do not want to return back to work that 'position working under Corporal Carol Kamrnerer.
Q. Oh. You would have worked in the radio room, but just under another supervisor?
A. If they would have allowed me.
Q. So it rvasn’t the radio room? It was Kamrnerer?
A. Yes.

(Emphasis added.) Mason twice repeated that Kamrnerer was the cause of his problems.2

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Bluebook (online)
233 F.3d 1036, 2000 U.S. App. LEXIS 30763, 80 Empl. Prac. Dec. (CCH) 40,659, 84 Fair Empl. Prac. Cas. (BNA) 1814, 2000 WL 1779187, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mark-mason-v-southern-illinois-university-at-carbondale-ca7-2000.