Michelle Bruce v. Meharry Medical College

692 F. App'x 275
CourtCourt of Appeals for the Sixth Circuit
DecidedJune 7, 2017
Docket16-6678
StatusUnpublished
Cited by4 cases

This text of 692 F. App'x 275 (Michelle Bruce v. Meharry Medical College) 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
Michelle Bruce v. Meharry Medical College, 692 F. App'x 275 (6th Cir. 2017).

Opinion

OPINION

COLE, Chief Judge.

Michelle Bruce ended her tenure at Me-harry Medical College (“Meharry”) in 2014. She subsequently sued Meharry for gender discrimination, creating a hostile work environment, and retaliation. The district court granted summary judgment to Meharry on each claim. We affirm the district court’s judgment because Bruce has failed to provide evidence to support a prima facie case for any of her claims.

I. BACKGROUND

In 2005, Bruce, who specializes in occupational medicine, began working at Me-harry in the Division of Occupational Medicine within the Department of Family and Community Medicine. Bruce worked in that department until 2008 during which she had teaching, clinical, and administrative responsibilities. In 2008 she moved to the Department of Internal Medicine, where she remained until her resignation from Meharry in 2014. While in the Department of Internal Medicine Bruce was responsible for student and employee health services, continued to have teaching responsibilities, and had additional administrative responsibilities. Those administrative responsibilities required Bruce to participate in college-wide committees, such as the safety committee, which included Dr. Bernard Ray, who was in charge of facilities.

Bruce recounts that Ray was dismissive of her views at these meetings. Specifically Bruce claims that Ray “would make belittling comments after [she] made a statement in a meeting.” (Deposition of Michelle Bruce, R. 25-1, PagelD 132.) He would also make noises of exasperation when Bruce spoke. At one point, another person at the meeting directed Ray to *277 refrain from making such comments to Bruce.

Bruce also interacted with Ray after a flood in the building which housed her clinic. She found the building unsuitable even after removal of the water, because the facility remained wet and moldy and she felt that the carpet needed to be replaced. Ray coordinated the clean-up, questioned Bruce’s opinions on the subject, and forced her and her clinic to move back into the building before she believed it was habitable.

At a benefits fair on August 22, 2013, Ray told Marian Morgan, a nurse practitioner, and others that he wanted a one-on-one physical examination with Bruce. Morgan felt that the comment “meant something sexual” and told Bruce about it. (Dep. of Marian Morgan, R. 25-2, PagelD 210.) On August 28, 2013, Bruce sent an email to Meharry’s compliance hotline to report the comment. She never received a response and did not follow up. Bruce also specifically testified at her deposition that she did not tell Dr. Duane Smoot, her supervisor, about Ray’s comments. Smoot confirms that he did not know about Ray’s comment or Bruce’s complaint to the compliance hotline.

On November 12, 2013, Smoot asked Bruce to become a primary-care provider at Antioch, an off-site, primary clinic. She declined but said that on November 18, 2013, Smoot informed her that the Antioch assignment was mandatory. Bruce declined again and never reported for work at Antioch. Smoot asked three other physicians to work at Antioch, two male and one female. Both male physicians also 1 expressed hesitation, but one of them, Dr. Darryl Jordan, ultimately became the primary-care physician at Antioch. Smoot said the other male physician preferred not to work Antioch, but Smoot considers him available to work there if necessary.

Bruce sent a letter of resignation to Smoot on March 3, 2014. Bruce then filed a charge with the Equal Employment Opportunity Commission (“EEOC”) and received a right-to-sue letter. This suit followed. Bruce raised claims for gender discrimination, hostile work environment, and retaliation under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq. (“Title VII”).

Meharry moved for summary judgment, which the district court granted on each claim.

II. ANALYSIS

We review a summary judgment determination de novo. Carl v. Muskegon Cty., 763 F.3d 592, 595 (6th Cir. 2014). Summary judgment is proper if there is no genuine dispute as to any material fact and the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(a). Courts consider the evidence in the light most favorable to the non-moving party and draw all reasonable inferences in that party’s favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). “[T]he mere existence of a scintilla of evidence in support of plaintiffs position will be insufficient; there must be evidence on which the jury could reasonably find for the plaintiff.” Id. at 252, 106 S.Ct. 2505.

A. Gender Discrimination

Bruce argues that Ray’s disrespectful and dismissive comments during meetings, his disagreement with her opinion about clean-up after the flood, and Smoot’s ordering her to work at Antioch establish a prima facie case of gender discrimination. Title VU’s anti-discrimination provision makes it “an unlawful employment practice for an employer ... to discriminate against any individual with respect to his *278 compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin.” 42 U.S.C. § 2000e-2(a)(l). “[Discrimination claims under Title VII can be proven by direct or circumstantial evidence.” Ondricko v. MGM Grand Detroit, LLC, 689 F.3d 642, 648-49 (6th Cir. 2012) (citations omitted). Circumstantial evidence allows the factfinder to draw a reasonable inference that discrimination occurred. Id. at 649.

We apply the McDonnell Douglas burden-shifting analysis where a plaintiff attempts to use circumstantial evidence to prove a discrimination claim where, as here, there is no direct evidence. Id. at 653. To establish a prima facie case under McDonnell Douglas, a plaintiff must present evidence that (1) she is a member of a protected class; (2) she was qualified for the job and satisfactorily performed it; (3) she suffered an adverse employment action; and (4) others, similarly situated and outside the protected class, were treated differently. See id.; see also McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973).

Bruce fails to establish a prima facie case of gender discrimination because there is no evidence that she suffered an adverse employment action or that others, outside the protected class, were treated differently.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
692 F. App'x 275, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-bruce-v-meharry-medical-college-ca6-2017.