Russell v. Drabik

24 F. App'x 408
CourtCourt of Appeals for the Sixth Circuit
DecidedDecember 4, 2001
DocketNo. 00-4117
StatusPublished
Cited by8 cases

This text of 24 F. App'x 408 (Russell v. Drabik) 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
Russell v. Drabik, 24 F. App'x 408 (6th Cir. 2001).

Opinion

MERRITT, Circuit Judge.

Plaintiff Carolyn Russell brings this 42 U.S.C. § 1983 claim alleging race discrimination by Defendants Sandra Drabik and the Ohio Department of Administrative Services. Specifically, Plaintiff alleges that the Defendants discriminated against her as an African-American by failing to promote her while simultaneously promoting white employees. She also asserts that race was the determining factor in her transfer from one department to another within the Ohio state government. The district court granted the Defendants’ motion for summary judgment on both claims. For the reasons that follow, we AFFIRM the decision of the district court.

Facts

The Plaintiff, an African-American woman, has worked for the state of Ohio’s Department of Administrative Services from 1972 until the present. Within the department, she initially worked for the Equal Opportunity Division, starting at the state’s Administrative Assistant I classification and being promoted to the Administrative Assistant II classification in 1973. In 1983, under the same classification, Plaintiff received the working title of “board administrator” for the so-called “Set Aside Review Board.” As the board administrator, Plaintiff provided administrative support to the review board. In 1985, Sharon Hudson, who is also African-American, took over the working title of “board administrator” and continued in that position until 1995. During this time, Plaintiff maintained the same Administrative Assistant II classification while working for the review board and assisting Ms. Hudson. In June 1995, Hudson was transferred from the review board to the division, at which time the Plaintiff became the acting board administrator.

In January 1994, Plaintiff applied for reclassification as Administrative Assistant III to Defendant Drabik, who at the time was the division’s Assistant Director and General Counsel. Despite Plaintiffs qualifications, the position was instead awarded to Julie Trackler, a white female that Plaintiff alleges did not possess the minimum qualifications. In addition, Plaintiff claims that Defendants again refused to reclassify her in the fall of 1994 despite the recommendations of Carolyn Harper, the state Equal Opportunity Division Coordinator, and James Conrad, the director of the department.

After several other alleged instances of disparate treatment, Plaintiff filed charges with the Ohio Civil Rights Commission and the Equal Employment Opportunity Commission on November 19, 1996. In early 1997, the Plaintiff was transferred from the review board to the state of Ohio Computer Center. At the computer center, Plaintiff received the same compensation and benefits and continued to be classified as an Administrative Assistant II. After the transfer, Plaintiff amended her charges on two occasions, claiming that the transfer was a constructive demotion in which her race was a determining factor. The parties dispute whether Plaintiffs new job requires her to perform similar administrative functions or relegates her to more menial tasks. The Defendants’ rationale for Plaintiffs transfer was that there was a lack of work at the review board, which had a declining number of waiver applications.

After the EEOC granted leave to file the lawsuit, Plaintiff filed her initial complaint in September of 1997, and alleged race discrimination under 42 U.S.C. § 2000e (“Title VII”), age discrimination under 29 U.S.C. § 621 (“Age Discrimination in Employment Act”), race discrimination under Ohio state law, and conspiracy [411]*411under 42 U.S.C. § 1985. In March of 1998, she amended her complaint, adding retaliation claims under Ohio state law and Title VII, and age and race discrimination claims under 42 U.S.C. § 1983. The district court granted the Defendants’ motion to dismiss the Title VII, ADEA, 42 U.S.C. § 1985, and Ohio state law claims. In addition, the district court granted the Plaintiff leave to amend her § 1983 claims to specify the equitable relief she sought. In her second amended complaint, Plaintiff claimed violations of race discrimination under 42 U.S.C. § 1983 for Defendants’ failure to promote and for her transfer to Computer Services as a constructive demotion. The district court then granted Defendants’ summary judgment motion as to Plaintiffs § 1983 claims of race discrimination. Plaintiff timely filed her notice of appeal.

Discussion

We review a district court’s grant of summary judgment de novo, using the same standards as applicable to the district court. Williams v. General Motors Corp., 187 F.3d 553, 560 (6th Cir.1999).

Before addressing the merits of the Plaintiffs claims, we must address the jurisdictional question of whether Plaintiffs 1983 claims of race discrimination are preempted by Title VII. When Congress made Title VII applicable to state and local employees, it was “envisioned as ... an additional remedy to redress employment discrimination ... [and] therefore ... [did] not affect existing rights ... granted by previous legislation.” H.R.Rep. No. 92-238, reprinted in 1972 U.S.Code Cong. & Adm. News 2137, 2154. This language, however, does not indicate a Congressional intent to allow employees to sue their public employer under both Title VII and § 1983 when the right to be vindicated is one created solely by Title VII. Day v. Wayne County Bd. of Auditors, 749 F.2d 1199, 1204-05 (6th Cir.1984). As a result, where a right arises solely out of Title VII, a Plaintiff may not use § 1983 to circumvent the procedural framework instituted by Congress. Id. By contrast, “where an employee establishes employer conduct that violates Title VII and rights derived from another source — -the Constitution or federal statute — which existed at the time of the enactment of Title VII, the claim based on the other source is independent of the Title VII claim, and the plaintiff may seek the remedies provided by § 1983 in addition to those created by Title VII.” Id. at 1205. See also Grano v. Department of Development, City of Columbus, 637 F.2d 1073 (6th Cir.l980)(holding that an employee may sue her public employer under both Title VII and § 1983 when the § 1983 violation rests on a claim of infringement of rights guaranteed by the Constitution). Here, Plaintiff raises a failure to promote claim and a constructive demotion claim, and argues that both arise under the Equal Protection Clause of the Fourteenth Amendment. The failure to promote claim clearly arises under the Equal Protection Clause and thus is not preempted by Title VII.

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24 F. App'x 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-drabik-ca6-2001.