McGowan v. Board of Trustees for Metropolitan State University of Denver

114 F. Supp. 3d 1129, 2015 U.S. Dist. LEXIS 89850, 2015 WL 4162776
CourtDistrict Court, D. Colorado
DecidedJuly 10, 2015
DocketCivil Action No. 13-cv-1716-WJM-NYW
StatusPublished
Cited by5 cases

This text of 114 F. Supp. 3d 1129 (McGowan v. Board of Trustees for Metropolitan State University of Denver) is published on Counsel Stack Legal Research, covering District Court, D. Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McGowan v. Board of Trustees for Metropolitan State University of Denver, 114 F. Supp. 3d 1129, 2015 U.S. Dist. LEXIS 89850, 2015 WL 4162776 (D. Colo. 2015).

Opinion

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

William J. Martinez, United States District Judge

Plaintiff Angelia McGowan (“Plaintiff’ or “McGowan”) brings this action arising out of her employment with the Metropolitan State University of Denver (“Metro State”), asserting claims of a hostile work environment, racial discrimination, and retaliation under Title VII of the Civil Rights Act of 1964, 42-U.S.C. §§ 2000e et. seq. (“Title VTI”), and retaliation under the Family Medical Leave Act, 29 U.S.C. § 2615(a) (“FMLA”). (Am. Compl. (ECF No. 29).) Before the' Court is Defendant Board of Trustees for 'Metropolitan State University of Denver’s (“Defendant”) Motion for Summary Judgment (“Motion”). (ECF No. 50.) For the reasons set forth below, the Motion is granted.

I. STANDARD OF REVIEW

Summary judgment is appropriate only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Henderson v. Inter-Chem Coal Co., Inc., 41 F.3d 567, 569 (10th Cir.1994). Whether there is a genuine dispute as to a material fact depends upon whether the evidence présents a sufficient' disagreement to require submission to a jury of conversely, is so one-sided that one party must prevail as a matter of law. Anderson v. Liberty Lobby, 477 U.S. 242, 248-49, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Stone v. Autoliv ASP, Inc., 210 F.3d 1132 (10th Cir.2000); Carey v. U.S. Postal Service, 812 F.2d 621, 623 (10th Cir.1987).

A fact is “material” if it pertains to an element of a claim or defense; a factual dispute is “genuine” if the evidence is so contradictory that if the matter went to trial, a reasonable party could retufn a verdict for. either party. Anderson, 477 U.S. at 248, 106 S.Ct. 2505. The Court must resolve factual ambiguities against the moving party, thus favoring the right to a trial. Quaker State Minit-Lube, Inc. v. Fireman’s Fund Ins. Co., 52 F.3d 1522, 1527 (10th Cir.1995); Houston v. Nat’l [1132]*1132General Ins. Co., 817 F.2d 83, 85 (10th Cir.1987).-

II, FACTUAL BACKGROUND

The relevant facts, viewed in the light most favorable to the Plaintiff, are as follows, and are undisputed unless otherwise noted. Plaintiff, an African-American female, was hired in September 2007 by-Metro State as the Assistant Director of Communications. (Movant’s Statement of Material Facts (“MSMF”) (ECF No. 50 at 1-11) ¶¶ 1, 3.) Plaintiff was hired under Metro State’s “Target of Opportunity” Program, a type of affirmative action program that allows a candidate from an underrepresented minority group to .receive expedited consideration with less review of other competing candidates. (Id. ¶ 4; ECF No. 54 at 3.) Plaintiff testified that during her initial conversation with Catherine Lucas, then the Associate Vice-President for Communications and Advancement at Metro State, Lucas emphasized the priority Metro State placed on increasing Latino student enrollment, leaving Plaintiff with the impression that Lucas wanted to hire a Latino employee rather than an African-American.1 (Statement of Additional Material Facts (“SAMF”) (ECF No. 54 at 7-15) ¶¶ 32-33, 56; MSMF ¶ 3.)

In Plaintiff’s initial position, she was responsible for overseeing and managing Metro State’s external communications program targeted to faculty, staff, students, and the community. (MSMF ¶ 5.) Plaintiff was 'initially supervised by Lucas-. (Id. ¶ 6.) Part of Plaintiffs work under Lucas included preparing news releases about activities -or programs at Metro State to be sent to targeted members of the media (a “primary placement”), and responding to media requests for potential stories by providing relevant information or identifying faculty experts to respond (a “secondary placement”). (Id. ¶ 19 n.l.)

In or about January 2009, Lucas began to have concerns with Plaintiffs performance. (Id. ¶ 7.) In mid-2009, Plaintiff was transitioned out of media relations and into internal communications, where she was supervised by Donna Fowler, the Director of Internal Communications. (Id. ¶ 9; ECF No. 50-13 at 4.) Plaintiff maintained the same title and the same salary in this new position, but no longer handled media ' placements; instead, approximately 50% of her new responsibilities entailed preparing and editing Metro State’s online publications for faculty and staff, known as @Metro. (MSMF ¶¶ 9-10; ECF No. 54 at 4.) A white male, Tim Carroll, was later hired to take over Plaintiffs former position reporting to Lucas. (SAMF ¶ 10.)

On November 27, 2009, the President of Metro State received an anonymous letter alleging racial discrimination and harassment against an employee of Metro State who was an African-American female. (MSMF ¶ 12.) Plaintiff testified that she believed Lucas and Fowler thought she was either the author of the letter or was associated with the author, which led to a change in their attitude toward her, while [1133]*1133Lucas and Fowler each testified that they did not believe she (Plaintiff) was associated with the letter. (Id. ¶¶ 13-15.)

On April 30, 2010, Plaintiff received a performance evaluation for the prior year, which covered several months of her work under Lucas and several months of work under Fowler. (MSMF ¶ 18; ECF No. 54 at 5.) Plaintiffs “Overall Performance Rating” was rated at “Achieves Performance Standards,” or a score of 1 on a scale from 0 to 3, with 3 -being the highest score attainable. (MSMF ¶ 17.) In the narrative portion of her performance evaluation, Fowler indicated that Plaintiff was transferred to internal communications because “she was having difficulty in meeting the expectation^] of her position,” particularly because “it seemed as though she was uncomfortable in her role of securing proactive primary media placements.” (ECF No. 50-13 at 4.) Fowler further noted that:

As part of this evaluation, Angie turned in a report of her primary and secondary media placements for the first quarter of the evaluation period prior to her change in job responsibilities. Some of the placements were listed as primary when they were secondary or they were reactive not proactive. In addition; Angie included placements that were not a result of her actions. This constitutes a serious trust issue for both myself and Cathy [Lucas] — an issue that must be resolved by Angie working to regain that trust in the coming months.

(Id.) With regard to the media placements issue, Plaintiff testified that during the April 30, 2010 meeting about her performance evaluation, Lucas accused Plaintiff of “fudging” or “fibbing” on her media placement report, but that Plaintiff advised Lucas the report was only a draft. (MSMF ¶ 21; SAM-F ¶¶ 37-38.) Plaintiff now agrees that there were inaccuracies in the report.

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114 F. Supp. 3d 1129, 2015 U.S. Dist. LEXIS 89850, 2015 WL 4162776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgowan-v-board-of-trustees-for-metropolitan-state-university-of-denver-cod-2015.