Sanford v. Main Street Baptist Church Manor, Inc.

327 F. App'x 587
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 20, 2009
Docket07-5869, 07-5905
StatusUnpublished
Cited by54 cases

This text of 327 F. App'x 587 (Sanford v. Main Street Baptist Church Manor, Inc.) 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
Sanford v. Main Street Baptist Church Manor, Inc., 327 F. App'x 587 (6th Cir. 2009).

Opinions

OPINION

SOLOMON OLIVER, JR., District Judge.

Plaintiff/Appellant William Sanford (“Sanford”) appeals the order of the district court granting summary judgment to Defendants/Appellees Main Street Baptist Church Manor (“Manor”) and Southeastern Management Center, Inc. (“Southeastern”) (collectively, “Defendants”) on Sanford’s claims of hostile environment sexual harassment, quid pro quo sexual harassment, and retaliation, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”) and the Kentucky Civil Rights Act (“Kentucky Act”), Ky.Rev.Stat. § 344.040. The Manor cross-appeals the order of the district court denying its Motion to Dismiss, arguing that the Manor does not have sufficient employees to fulfill the employee-numerosity requirement under federal or state law.

For the following reasons, we REVERSE the district court’s order denying the Manor’s Motion to Dismiss based on this court’s finding that the district court incorrectly applied the joint employer doctrine to conclude that the Manor had the requisite number of employees to be liable under Title VII and the Kentucky Act and REMAND the case to the district court for redetermination of the issue consistent with this court’s opinion. We also REVERSE the district court’s order granting summary judgment to the Manor and Southeastern on Sanford’s hostile environment sexual harassment and retaliation claims, but we AFFIRM the district [589]*589court’s order granting summary judgment to the Manor and Southeastern on the quid pro quo sexual harassment claim.

I. BACKGROUND AND PROCEDURAL HISTORY

A. Motion to Dismiss

The Manor is a nonprofit organization that operates a 64-unit apartment building in Lexington, Kentucky. The Manor receives federal financial assistance from the Department of Housing and Urban Development (“HUD”) as a designated Section 8 housing facility. During the 2003 and 2004 calendar year, the Manor employed no more than six employees for twenty weeks or more, and during the 2005 calendar year, the Manor employed no more than four employees for twenty weeks or more. (Manor Employee List, J.A. at 91-93.) The Manor has eleven members on its Board of Directors, all of whom are unpaid volunteers with paid occupations separate from their volunteer duties on the Manor Board. Sanford was employed by the Manor as a part-time summer maintenance worker in 1999. He assumed a full-time maintenance worker position at the Manor in August 2000 and also provided courtesy (or security) services.

Southeastern is a property management company that provides management assistance and performs other functions for facilities at the Manor. Southeastern provides assistance to the Manor’s Board of Directors in its operation of the Manor, with a particular emphasis on making sure the Manor complies with HUD regulations. The district court noted that the Management Plan between the Manor and Southeastern provides that Southeastern is the “exclusive agent for the management of the property” and determines the “number, qualifications, and duties of the personnel to be regularly employed in the management of the project, including a Resident Manager and maintenance, bookkeeping, clerical, and other managerial employees.” The Plan sets forth Southeastern’s duties with respect to the project, including: (1) assumption of “prime responsibility for all facets of operation”; (2) providing accounting services; (3) hiring, paying, and supervising employees; (3) maintaining the property; (4) advertising and helping ensure that vacant apartments are filled; and (5) ensuring compliance with HUD regulations. (Order, J.A. at 41-42.) Southeastern denies that it ever maintained an employment relationship with Sanford.

The Manor and Southeastern moved to dismiss Sanford’s Complaint, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim upon which relief can be granted, arguing that the Manor could not establish the fifteen-employee numerosity requirement of Title VII or the eight-employee numerosity requirement of the Kentucky Act. The district court treated both motions as summary judgment motions because they were filed long after discovery had commenced, and both parties relied on materials outside the pleadings to support their position.

The district court noted that there is apparently no dispute that the Manor did not, at any time, have the requisite number of employees to satisfy the numerosity requirements. (Id.) However, Sanford attempted to overcome the employee-numerosity requirement by relying on the doctrines of single employer and joint employer, whereby a defendant that does not directly employ a plaintiff may still be considered an employer for Title VII purposes in certain circumstances. (J.A. at 37-38.)

[590]*590Specifically, Sanford argued before the district court that the Manor and Main Street Baptist Church,2 who is not a party to this action, are so interrelated as to constitute a “single employer” with a sufficient number of employees to satisfy Title VII’s employee-numerosity requirement. (J.A. at 37.) Second, Sanford argued that Southeastern maintains sufficient control over the Manor’s employees such that it is a “joint employer” for purposes of Title VII. (J.A. at 38.) However, upon review of the parties’ briefing, the district court granted Sanford’s motion for a ruling that Southeastern and the Manor are joint employers. The district court denied Defendants’ Motion to Dismiss as moot. Having determined that the Manor satisfied Title VII’s employee-numerosity requirement based on the application of the joint employer doctrine, the court did not address the single employer doctrine. (Order, J.A. at 44.)

B. Summary Judgment

Sanford alleges that he was sexually harassed by his supervisor, Marla Carter (“Carter”), who was also a Manor employee, while he worked as a Manor maintenance worker from 2000 until he quit in March 2005. Sanford subsequently asserted hostile environment sexual harassment, quid pro quo sexual harassment, and retaliation claims against the Manor and Southeastern, pursuant to Title VII and the Kentucky Civil Rights Act. The district court summarized the following relevant facts in support of these claims:

Sanford began working at the Manor as a part-time summer maintenance worker in 1999. In August 2000, Sanford assumed a full-time maintenance worker position at the Manor and also provided courtesy (or security) services. Sanford was hired based on the recommendation of his stepfather, Greg Bolton, who was the Manor’s property manager at the time. Sanford performed both maintenance and courtesy services for the Manor. Because the Manor is a designated Section 8 housing facility which receives federal assistance from [HUD], it is required by law to comply with HUD regulations and is subject to HUD inspections. As a result of an October 2003 HUD inspection of the Manor, Sanford’s work performance came under scrutiny.
In January 2004, Carter was hired to replace Bolton as property manager of the Manor.

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Bluebook (online)
327 F. App'x 587, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanford-v-main-street-baptist-church-manor-inc-ca6-2009.