Nanako Carroll v. State of Ohio Dep't of Admin. Servs.

555 F. App'x 512
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 5, 2014
Docket13-3552
StatusUnpublished
Cited by3 cases

This text of 555 F. App'x 512 (Nanako Carroll v. State of Ohio Dep't of Admin. Servs.) 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
Nanako Carroll v. State of Ohio Dep't of Admin. Servs., 555 F. App'x 512 (6th Cir. 2014).

Opinion

BOGGS, Circuit Judge.

Nanako Carroll sued the Ohio Department of Administrative Services (“ODAS”) in federal court for, inter alia and as relevant to this appeal, gender discrimination and retaliation, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Carroll alleged that, following an incident with a co-worker, she was suspended and later reassigned for discriminatory reasons. She further alleged that such action was taken against her in retaliation for her past complaints of discrimination. The district court granted ODAS’s motion for summary judgment on both claims, and Carroll appealed. We affirm the judgment of the district court.

I

Carroll has worked at ODAS since January 1998. From 2000 to 2008, she worked at ODAS as an Information Technology (“IT”) Manager. Carroll alleged that the IT group in which she worked was dominated by men and that she was discriminated against on the basis of her gender at various points throughout her career. As relevant to this lawsuit, Carroll bases her claims of discrimination and retaliation on two alleged adverse employment actions following an incident with one of her subordinates.

In late 2007, Carroll participated in the hiring of two men — Ben Hooker and Greg Smith — who were initially hired for a six-month probationary period and reported directly to Carroll. Shortly after Carroll informed Hooker and Smith that their performance was below expectations, Hooker lodged a complaint at ODAS, by way of his union representative, claiming that Carroll had threatened him several weeks earlier, saying, “if you fuck me, I’ll hunt you down and kill you,” and that, on another occasion, Carroll had “thumped” him on the forehead for downloading an unauthorized screensaver.

The first adverse employment action that Carroll complains of is her suspension for 23 hours without pay as a result of Hooker’s allegations. Gary Allbright, the ODAS Equal Employment Opportunity Manager, launched an investigation into the accusations and recommended that Carroll be disciplined. In reaching his *514 conclusion, Allbright conferred with Allison Shaeffer, who was then the Human Resources Director at ODAS, and Ray Geis, who was the Labor Relations Officer. On February 29, 2008, Carroll was placed on a three-week administrative leave pending the outcome of the disciplinary process. That same day, she emailed Shaef-fer saying that she felt that she was being discriminated against.

Carroll attended a disciplinary hearing before Hearing Officer Darren Shulman on March 31 and April 2, 2008. Shulman found probable cause to believe that Carroll had made the alleged threat and had therefore exhibited a “failure of good behavior,” in violation of ODAS “Work Rules.” Shulman also found that the “thump” on the forehead constituted a minor violation of the Workplace Violence Prevention Policy. Based on these incidents, Shulman found just cause for discipline and determined that Carroll should be suspended for three days without pay. Hugh Quill, the ODAS Director at the time, ultimately approved Carroll’s suspension. When Carroll indicated that she wanted to appeal the decision, her suspension period was reduced to 23 hours, which meant that it was no longer eligible for appeal under the procedural rules in place at ODAS because the suspension was less than three days in length.

Carroll then requested an investigation into whether Hooker and Smith had lied on their job applications. ODAS declined to contact the employees’ former supervisors or otherwise pursue such an investigation. Carroll was not allowed to participate in their performance reviews, and each of them was appointed to a full-time position.

The second adverse employment action that Carroll complains of is her reassignment, on July 31, 2008, from the position of IT Manager to the newly created position of Information Technology Infrastructure Library (“ITIL”) Manager, which Carroll alleges was a demotion. Around that time, Hooker and Smith were also reassigned from Carroll’s group to the “email group.” ODAS claims that Carroll’s reassignment was a lateral transfer — not a demotion— and notes that Carroll’s job salary and classification remained the same. Carroll, in contrast, alleges that the reassignment was a demotion. As IT Manager, Carroll supervised five employees, oversaw a million-dollar budget, and was called upon to use her technical expertise regularly as part of her job. As ITIL Manager, Carroll alleges that she supervised no one, had minimal budgetary oversight, and had fewer responsibilities, which included significant non-technical secretarial and administrative duties.

To support her discrimination claim, Carroll alleges that she was suspended and demoted even though Brant Thomas, a male employee, received a lesser punishment for more egregious conduct. Carroll alleges that Thomas “engaged in a two-year campaign of violence and intimidation against Ms. Wozniak,” a female employee, for which Thomas “was not disciplined.” Pl.’s Br. at 34, 49. According to Carroll, Thomas threw things at Wozniak, berated her in front of her colleagues, cursed at her, slammed metal cabinets when he passed by to scare her, and ordered her to come into work on her day off “under false pretenses.” Id. at 45-47. Carroll acknowledges that, pursuant to a then-anonymous email complaint, ODAS investigated Thomas, determined that he had engaged in sexually explicit conversations and other inappropriate activity on his computer, and suspended Thomas for 20 days. ODAS also found that Thomas had engaged in “horseplay” at the office, but found no “malicious intent” behind it. Carroll argues that the conduct for which Thomas *515 was investigated and disciplined was “not the conduct Ms. Wozniak had been complaining to management and HR about,” for which Carroll claims Thomas was neither investigated nor disciplined at any point. Pl.’s Br. at 43-44.

To support her retaliation claim, Carroll alleges that she was suspended and demoted in retaliation for the various complaints of discrimination that she had lodged throughout her years at ODAS and for her recent complaint of discrimination in connection with the disciplinary investigation. Id. at 60.

II

We review the district court’s grant of summary judgment de novo. Frazier v. Honda of Am. Mfg., Inc., 431 F.3d 563, 565 (6th Cir.2005).

Summary judgment is appropriate where “the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The question is “whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.” Anderson v. Liberty Lobby, 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

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555 F. App'x 512, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nanako-carroll-v-state-of-ohio-dept-of-admin-servs-ca6-2014.