Rosa Rodriguez-Monguio v. Ohio State University

499 F. App'x 455
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 7, 2012
Docket11-3185
StatusUnpublished
Cited by6 cases

This text of 499 F. App'x 455 (Rosa Rodriguez-Monguio v. Ohio State University) 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
Rosa Rodriguez-Monguio v. Ohio State University, 499 F. App'x 455 (6th Cir. 2012).

Opinion

HELENE N. WHITE, Circuit Judge. *459 magistrate judge. R. 15.

*457 Dr. Rosa Rodriguez-Monguio (Rodriguez) appeals the magistrate judge’s order granting her former employer, Defendant Ohio State University (OSU), summary judgment dismissing her Title VII national-origin discrimination and retaliation claims. We AFFIRM.

I

Dr. Rodriguez was born and educated in Spain, where she earned a B.S. in economics in 1994, and a Ph.D. in economics from the University of Barcelona (summa cum laude) in 2001. She was a technical advis- or at the World Health Organization in Washington, D.C., from October 2001 to October 2003, and a consultant for The World Bank in Washington, D.C., from October 2001 to March 2003.

In 2004, Rodriguez applied to teach courses without pay at OSU’s College of Public Health (CPH). OSU appointed her to an unsalaried visiting scholar position— adjunct Assistant Professor in CPH’s Health Services Management and Policy Division (HSMP). In May 2005, OSU appointed Rodriguez to a two-year term as a research-associate member of the Center for Health Outcomes, Policy, and Evaluation Studies (HOPES). Throughout her employment at OSU, Rodriguez was in a relationship with Dr. Enrique Seoane-Vas-quez (Seoane), whom OSU had hired in 2002 as an Assistant Professor in the College of Pharmacy (COP). The two worked together extensively from 2005 to 2007.

In December 2005, Rodriguez accepted a one-year part-time salaried appointment as a Clinical Assistant Professor (CAP) with the CPH HSMP for calendar year 2006. Her salary came from HSMP and HOPES funds. OSU’s letter offering Rodriguez the position stated:

This appointment will be at the rank of Clinical Assistant Professor and is effec *458 tive from January 1, 2006 through December 31, 2006. Your appointment is contingent upon satisfactory performance and the availability of funds. This appointment carries no presumption of academic tenure or reappointment beyond the period stated.

In May 2006, Dr. Allard Dembe became the new Chair of HSMP and Director of HOPES. Seoane, with whom Rodriguez lived, had filed an internal complaint with OSU in August 2005 and a discrimination charge with the EEOC. He then filed a charge with the Ohio Civil Rights Commission in September 2006.

On October 1, 2006, Dembe notified Rodriguez that her one-year paid CPH appointment would not be renewed and that her unpaid adjunct HSMP Clinical Assistant Professor position was renewed from October 1, 2006 through September 80, 2007.

In the interim, in September 2006, HSMP had posted a tenure-track faculty position. By mid-November 2006 HSMP faculty had narrowed the applicant pool to three, including Eric Seiber, to whom OSU later offered the position. After interviews had been set for the top three candidates, Rodriguez applied for the position on December 13, 2006. Dembe circulated Rodriguez’s application to HSMP faculty members, solicited their opinions, and in January 2007, the faculty members met and unanimously agreed that Seiber and another person were the top two candidates. Dembe notified Rodriguez by letter dated January 18, 2007 that she was not selected as a finalist for the tenure-track position.

Several weeks earlier, by email dated December 18, 2006, Dembe advised Rodriguez that although her paid one-year HOPES appointment was not being renewed, she would still have a non-salaried auxiliary appointment in HSMP through September 30, 2007, and would receive $8,000 as a lecturer for teaching two courses in the 2007 Spring semester.

By letter to Dembe dated December 21, 2006, Rodriguez summarized discussions she and Dembe had had, and concluded by saying that since Dembe refused to offer any explanation for 1) his decision to not renew her HOPES appointment; 2) his decision that she was no longer eligible to serve as Principal Investigator for the grant proposal she had developed; and 3) his efforts to discourage her from applying for a tenure-track position opening at the CPH HSMP, she had consulted an attorney and would file a complaint with OSU’s Human Resources department and state and federal authorities unless Dembe indicated a willingness to reverse his unexplained and unjustified decisions before January 1, 2007.

Rodriguez filed complaints with OSU’s Human Resources department in January 2007 and a charge with the EEOC in March 2007. She left OSU in June 2007 to teach at the University of Massachusetts. Rodriguez filed the instant complaint in federal district court in October 2007, alleging national-origin discrimination, retaliation, and retaliation by association (with Seoane).

OSU moved for summary judgment, arguing that Rodriguez could not demonstrate a prima facie case of national-origin discrimination. As to all of Rodriguez’s claims, OSU also argued that she failed to demonstrate that its legitimate nondiscriminatory reasons for its decisions were pretextual. Rodriguez’s response argued that she presented both direct and circumstantial evidence of national-origin discrimination, that she established a prima facie case of retaliation and associational retaliation, and that she presented evidence of pretext to support all her claims.

*459 The magistrate judge 1 granted summary judgment in OSU’s favor, concluding that Rodriguez’s national-origin discrimination claims failed for failure to show pretext and her retaliation claims failed for failure to establish a prima facie case.

II

This court reviews de novo the magistrate judge’s grant of summary judgment. Hawkins v. Anheuser-Busch, Inc., 517 F.3d 321, 332 (6th Cir.2008). The district court must construe the evidence and draw all reasonable inferences therefrom in the nonmoving party’s favor. The issue 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.” Id. quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).

Title VII of the Civil Rights Act of 1964 prohibits an employer from “discriminating] against any individual ... because of such individual’s ... national origin.” 42 U.S.C. § 2000e-2(a)(l). A Title VII plaintiff may satisfy his burden of establishing such discrimination either by presenting direct evidence of discriminatory actions by the defendant or by showing the existence of circumstantial evidence that creates an inference of discrimination.
Direct evidence, if believed, requires a conclusion by the fact-finder that unlawful discrimination was at least a “motivating factor” for the employer’s actions. See Wexler v. White’s Fine Furniture, Inc., 317 F.3d 564

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499 F. App'x 455, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rosa-rodriguez-monguio-v-ohio-state-university-ca6-2012.