Phyllis Atkinson v. North Jersey Developmental

453 F. App'x 262
CourtCourt of Appeals for the Third Circuit
DecidedDecember 1, 2011
Docket10-4251
StatusUnpublished
Cited by3 cases

This text of 453 F. App'x 262 (Phyllis Atkinson v. North Jersey Developmental) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phyllis Atkinson v. North Jersey Developmental, 453 F. App'x 262 (3d Cir. 2011).

Opinion

OPINION

CHAGARES, Circuit Judge.

Phyllis Atkinson appeals the District Court’s grant of summary judgment to the North Jersey Developmental Center and its employee Carole Wolke (hereinafter “NJDC”) on her claims of racial discrimination and retaliation. Atkinson contends that Wolke discriminated against her in giving her a low performance review, issuing her a warning for arriving late to work, denying her vacation requests, having her job duties adjusted, and engaging her in a heated argument where Wolke said she would “fix” her. Additionally, Atkinson maintains that based on her complaints regarding these discriminatory acts, NJDC retaliated against her. For the reasons that follow, we will affirm the judgment of the District Court.

I.

We write for the parties’ benefit and recite only the facts essential to our disposition. Phyllis Atkinson is an African-American woman who was employed by NJDC as a clerk transcriber from 1980 until her retirement in September 2007. In the fall of 2003, Carole Wolke, a Caucasian woman, was NJDC’s Assistant Director of Nursing and became Atkinson’s immediate supervisor. In April 2004, Wolke performed Atkinson’s performance assessment review (“PAR”), assigning her a score of twenty-four out of a possible thirty and citing specific areas where Atkinson could improve her job performance. Wolke noted that this score indicated that Atkinson met the essential criteria for the majority of her job responsibilities and exceeded the essential criteria in the remaining duties. Despite the fact that Wolke’s assessment was an improvement over Atkinson’s two previous PAR scores, she was not content with her review and requested a meeting with Wolke to discuss her score. Wolke and Atkinson never met to review the PAR. On September 24, 2004, Wolke sent a letter to the Director of Nursing Roxanne Lotts complaining about her PAR score, Wolke’s favoritism towards other employees, and that she was overworked with paperwork and felt under appreciated for the amount of work she performed. Wolke never received a copy of this letter. Eventually, Atkinson’s PAR score was raised to a twenty-seven.

On December 1, 2004, Atkinson and Wolke exchanged heated words, when Wolke confronted her regarding statements she made to other co-workers that Wolke was a racist. Atkinson contends that, during this conversation, Wolke stated that she would “fix” Atkinson if the comments continued. Following the argument, Atkinson wrote another letter to Lotts recounting the confrontation and clarifying that she felt that Wolke discriminated against her “like a racist” because of past incidents.

Atkinson, on March 22, 2004, requested a vacation leave for the Thanksgiving holiday. NJDC’s vacation policy required that Atkinson submit all such requests no later than March 15, 2004. When she received no response, Atkinson re-submitted the re *264 quest on November 19, 2004. On that same day, Wolke denied her request for vacation. Despite this denial, a NJDC supervisor later granted Atkinson the vacation leave.

On February 14, 2005, Atkinson called NJDC around eleven in the morning, informing the staff that she would be late to work and stating that she would not arrive for another hour. Atkinson called back to work around one in the afternoon requesting an emergency administrative leave day. A supervisor granted her request, but she was able to report to work shortly afterwards. Because Atkinson was supposed to report to work at nine in the morning and did not call in to give notice that she would be late until around eleven, Wolke issued her a “Red A” disciplinary notice. This notice, however, was later removed from Atkinson’s record.

Atkinson also alleges that during this time period Caucasian co-workers were treated more favorably than her. Specifically, Atkinson contends that NJDC employee Donna Corroda, a Caucasian female, received a new desk and computer from Wolke, whereas Wolke told Atkinson she did not need a desk or computer to perform her job duties. At all times, however, Atkinson had a desk and computer and, eventually, her desk was replaced with new furniture.

On February 28, 2005, Atkinson filed a New Jersey Grievance Procedure Form, complaining about suffering emotional distress and headaches related to harassment in the workplace. The complaint did not include allegations of racial discrimination. Atkinson alleges that in response to this filing her new supervisor, Michael Buon-giorno, started micromanaging her work. On March 28, 2005, Atkinson filed a Discrimination Complaint with the New Jersey Department of Personnel. Following this filing, Atkinson took an extended sick leave until June 2005. Atkinson, upon her return, complained that she did not receive all her job responsibilities back, but admitted that she did not have a problem with the reduction in work because her duties were overwhelming. From 2005 through 2007, Atkinson took a series of medical leaves and retired in June 2007.

Atkinson filed a pro se complaint in the District Court of New Jersey, alleging race discrimination and retaliation under Title VII of the Civil Rights Act. 1 On October 5, 2010, the District Court granted summary judgment to NJDC, finding that Atkinson did not present a prima facie case of retaliation under Title VII because she had not demonstrated a causal connection between any alleged protected activity and a materially adverse action by NJDC. Similarly, the District Court granted summary judgment on Atkinson’s discrimination claim, concluding that she had failed to show an adverse employment action to satisfy a prima facie claim of discrimination. Further, even if such a prima facie case could be made, the District Court found that NJDC had articulated a legitimate, nondiscriminatory reason for its actions and Atkinson had failed to show that these reasons were pretext for discrimination. Atkinson filed a timely appeal.

II.

The District Court had jurisdiction pursuant to 28 U.S.C. §§ 1331, and we have appellate jurisdiction pursuant to 28 U.S.C. § 1291. Our review of the District Court’s grant of summary judgment is plenary, and we apply the same legal standard as it should have. Vitalo v. Cabot Corp., 399 F.3d 536, 542 (3d Cir.2005). A *265 party is entitled to summary judgment “if 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). In conducting our analysis, we must view the record in the light most favorable to Atkinson, and must draw all reasonable inferences in her favor. See Vitalo, 399 F.3d at 542. To defeat summary judgment, however, Atkinson must “show[] that the materials cited do not establish the absence ... of a genuine dispute.” Fed.R.Civ.P. 56(c)(1).

III.

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453 F. App'x 262, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phyllis-atkinson-v-north-jersey-developmental-ca3-2011.