Monica Rogers v. Henry Ford Health Sys.

897 F.3d 763
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 31, 2018
Docket17-1998
StatusPublished
Cited by150 cases

This text of 897 F.3d 763 (Monica Rogers v. Henry Ford Health Sys.) 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
Monica Rogers v. Henry Ford Health Sys., 897 F.3d 763 (6th Cir. 2018).

Opinions

KAREN NELSON MOORE, Circuit Judge.

Plaintiff Monica Rogers, an African-American woman in her sixties, has been employed by defendant Henry Ford Health System ("HFHS") for over thirty years. In late 2012, Rogers was working as a consultant in HFHS's Organizational Human Resources Development ("OHRD") Department. After she was denied reclassification as a Senior OHRD Consultant, Rogers made an internal complaint of racial and age discrimination. When the resulting internal investigation found no evidence of discrimination, Rogers filed an EEOC charge.

A few months after Rogers filed this charge, co-workers began reporting that Rogers's emotional state was erratic and that they feared she might pose a physical threat to herself or others. In response, Rogers was placed on paid leave and sent for a fitness-for-duty exam. After a doctor cleared Rogers for work, she claims that she was offered the choice of either transferring to a position in a subsidiary of HFHS or taking severance. Rogers chose the transfer. She then filed a second EEOC charge alleging retaliation; the EEOC found probable cause to support this complaint.

Rogers subsequently filed suit against HFHS alleging multiple violations of 42 U.S.C. § 1981 ; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ; and the Michigan Elliott-Larsen Civil Rights Act, MICH. COMP. LAWS § 37.2101 et seq. HFHS moved for summary judgment on all counts, and the district court granted its motion. For the reasons set forth below, we AFFIRM the district court's grant of summary judgment with respect to Rogers's *767claims of racial discrimination and age discrimination. We REVERSE the district court's grant of summary judgment with respect to Rogers's claims of retaliation, and REMAND for further proceedings.

I. FACTS AND PROCEDURE

A. Events Preceding the First EEOC Charge

Rogers first began working at HFHS in 1981 and has held a variety of positions over the years, most of which have been in human resources. R. 55-7 (Pl. Decl. at ¶ 3) (Page ID #1369);1 R. 48-3 (Pl. Resume) (Page ID #761). In 2007, Rogers became a consultant in the OHRD Department after a rotation in a different unit of HFHS. R. 48-2 (Pl. Dep. at 54) (Page ID #725); R. 48-6 (Apr. 26, 2007 Announcement) (Page ID #777). "OHRD Consultant" was a new title and this position required a bachelor's degree. R. 48-5 (OHRD Consultant Job Description at 2) (Page ID #774). Although Rogers does not have a college degree, HFHS waived this requirement upon Rogers's return to the OHRD Department because she met the qualifications for the position prior to her rotation and the position's retitling. R. 48-2 (Pl. Dep. at 49, 57) (Page ID #724, 726).

When she first started as an OHRD Consultant, Rogers reported to Laurie Jensen. Id. at 60 (Page ID #726). In 2009, Monica Jackson-Lewis became Rogers's direct supervisor. R. 55-7 (Pl. Decl. at ¶ 32) (Page ID #1376). Then, in 2013, Rogers began reporting to Barbara Bressack. R. 48-11 (Bressack Dep. at 37, 103-04) (Page ID #810-11). During the time they supervised Rogers, both Jackson-Lewis and Bressack reported to Jensen. R. 48-10 (Jackson-Lewis Dep. at 8) (Page ID #796); R. 48-11 (Bressack Dep. at 8-9) (Page ID #808-09).

Rogers's tenure at HFHS between 2008 and 2013 was a mixture of positive performance reviews, interpersonal problems, and ultimately a denial of Rogers's request to be reclassified as a Senior OHRD Consultant. Although Rogers received consistently good reviews from both Jensen and Jackson-Lewis throughout this period, in July 2010 Jackson-Lewis issued Rogers an HFHS-Employee Assistance Program ("EAP") Formal/Disciplinary Action Referral. R. 48-13 (EAP Referral) (Page ID #825-26). In the EAP referral, Jackson-Lewis reported that Rogers "appears to focus primarily on what other employees are doing, or not doing, rather than focusing on what is expected of her." Id. (Page ID #825). Furthermore, "[t]here is a persistent *768trend as reported by other employees, that Monica [Rogers] initiates harmful gossip and tries to incite other employees to engage in similar negativity." Id. When confronted about these issues, Jackson-Lewis stated that Rogers "assume[d] a victim mentality resulting in obvious anger (loud and fist pounding) or withdrawn." Id. Consequently, Jackson-Lewis was "concerned about [Rogers's] emotional and physical well-being and that of the team." Id. On the EAP form, Jackson-Lewis noted that Rogers had already received verbal and written warnings regarding her behavior. Id. (Page ID #826). Rogers denies that she ever received a verbal or written warning before the EAP referral, R. 55-7 (Pl. Decl. at ¶¶ 55-56) (Page ID #1381), although there is a copy of a written warning in Rogers's personnel file dated one day prior to the EAP referral, R. 48-14 (July 19 Note to File) (Page ID #828-29).

In 2012 two Senior OHRD Consultants left the department and were not replaced, so Rogers helped fulfill their duties. R. 55-7 (Pl. Decl. at ¶ 76) (Page ID #1384); R. 55-15 (Pl. 2012 Eval. at 1, 7) (Page ID #1455, 1461). In December 2012 and January 2013, Rogers began asking the OHRD management for reclassification as a Senior OHRD Consultant-as opposed to simply an OHRD Consultant-because she believed she was performing the duties of the more senior position. R. 48-2 (Pl. Dep. at 125-26) (Page ID #731). Rogers first approached Jan Harrington-Davis-who describes her role as "the HR person for HR," R. 48-4 (Harrington-Davis Dep. at 42) (Page ID #764)-about being reclassified. Rogers asked Harrington-Davis if she had not been reclassified as a Senior OHRD Consultant due to her age, and Harrington-Davis allegedly responded: "[I]t has nothing to do with your age, it's because you're black." R. 55-7 (Pl. Decl. at ¶ 82) (Page ID #1385-86); R. 56-9 (Mar. 2013 Internal Comp.) (Page ID #1589). Rogers asserts that Harrington-Davis agreed, however, that Rogers deserved to be a Senior OHRD Consultant. Id.

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897 F.3d 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/monica-rogers-v-henry-ford-health-sys-ca6-2018.