Patricia Speck v. City of Memphis

370 F. App'x 622
Court of Appeals for the Sixth Circuit·Decided March 22, 2010·No. 09-5213·Unpublished·Cited by 8 cases

Opinions

KETHLEDGE, Circuit Judge.

Patricia Speck appeals the district court’s grant of summary judgment in favor of the City of Memphis on Speck’s claims of age discrimination. We affirm.

I.

Speck worked as Coordinator of Nursing Services at the Memphis Sexual Assault Resource Center (MSARC) starting in 1989. She alleges that her managers accused her of violating city policy, unfairly criticized her work performance, failed to intervene in co-worker harassment, and otherwise interfered with her ability to work. Speck says that she complained about this treatment but that the situation never improved.

The conflict escalated when, in July 2004, Speck took leave from work under the Family and Medical Leave Act (FMLA) due to a heart condition that she says was caused by the incidents at work. Initially Speck’s doctor restricted her to two days per week of work for three to four months. Speck continued to work more than 16 hours per week, however, because MSARC manager Julie Coffey told Speck “there will be a consequence” if she failed to ensure that all open nurs[624] ing shifts were covered. During this time Speck also requested vacation time to attend an International Association of Forensic Nurses (IAFN) conference in Chicago at which, as President of the association, she had a number of duties. Coffey denied the request. Apparently another nurse, Rachel Copeland — who was under 40 years old — was allowed to travel to an IAFN conference, although the record is unclear whether this was the same conference or a later one. Unlike Speck, however, Copeland was not on medical leave when she made her request to attend the conference.

Speck says her heart condition then worsened, which she attributes to the stress these management actions caused. Although Speck was scheduled to return to full duty in October 2004, her doctor instead designated her as unable to work at all and placed her on continuous FMLA leave. Accordingly, Speck did not return to work. While on full medical leave, Speck traveled to the Chicago IAFN conference — the same conference for which the City had denied Speck’s vacation-time request. City policy required employees on medical leave to inform their supervisors of their “convalescent location” — defined as “the employee’s residence or other location approved by the employee’s designated supervisor.” The City found that Speck had violated that policy because she did not obtain advance permission to change her convalescent location and travel to Chicago.

On May 23, 2005, Speck informed a supervisor, Michael Gray, that she would travel again for a wedding and another nursing conference. Gray told Speck that prior approval was necessary and that he would deny any such request. He also warned her that the City might terminate her if she violated the sick-leave policy again. Speck resigned two days later.

After Speck’s resignation, the City temporarily hired Copeland to fill her position. Speck says that she did not believe her treatment was age-related until she found out that Copeland had replaced her.

Speck filed a discrimination charge with the EEOC, which issued a right-to-sue letter. Speck later filed this suit, alleging that the City had subjected her to a hostile-work environment, forced her to resign, and retaliated against her for complaining about her supervisors’ conduct, all in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621 et seq. The City moved for summary judgment on her claims, which the district court granted. This appeal followed.

II.

We review de novo a district court’s grant of summary judgment, viewing the evidence in the light most favorable to the nonmoving party. Upshaw v. Ford Motor Co., 576 F.3d 576, 584 (6th Cir.2009). Summary judgment is appropriate when “the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c).

To assert a claim of age discrimination under the ADEA, a plaintiff must produce evidence that the employer’s actions were because of age. See 29 U.S.C. § 623(a)(1). To assert a retaliation claim, a plaintiff must also show that she complained about age-based discrimination. See 29 U.S.C. § 623(d). Although for each claim the district eourt focused its inquiry on Speck’s prima facie case, we may affirm on any ground supported in the record. See Ley v. Visteon Corp., 543 F.3d 801, 805-06 (6th Cir.2008).

[625] Speck first claims that the City constructively discharged her by creating intolerable working conditions. Because Speck offers only circumstantial evidence to support this claim, we apply the framework laid out in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 86 L.Ed.2d 668 (1973). See Geiger v. Tower Automotive, 579 F.3d 614, 622 (6th Cir. 2009). Under that framework, if the plaintiff establishes a prima facie case of discrimination, the burden shifts to the defendant to produce a legitimate, non-discriminatory explanation for its decision. McDonnell Douglas, 411 U.S. at 802-05, 93 S.Ct. 1817. If the defendant produces such an explanation, the plaintiff then has the burden to show that the explanation is a pretext. Id. To establish pretext, a plaintiff must show the stated reason (a) had no basis in fact, (b) was not the actual reason, or (c) was insufficient to explain the employer’s actions. Corrigan v. United States Steel Corp., 478 F.3d 718, 728 (6th Cir.2007). Essentially, the plaintiff must show that the employer’s “ ‘business decision’ was so lacking in merit as to call into question its genuineness.” Hartsel v. Keys, 87 F.3d 795, 800 (6th Cir.1996) (quoting Dister v. Cont’l Group, Inc., 859 F.2d 1108, 1116 (2d Cir.1988)).

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