Schramm v. Slater

105 F. App'x 34
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 14, 2004
DocketNo. 03-3333
StatusPublished
Cited by10 cases

This text of 105 F. App'x 34 (Schramm v. Slater) 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
Schramm v. Slater, 105 F. App'x 34 (6th Cir. 2004).

Opinion

CLAY, Circuit Judge.

Plaintiff, William Schramm, appeals from the order issued by the district court on January 7, 2003, granting summary judgment in favor of Defendant, Rodney Slater, in this action for sex discrimination under Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq. For the reasons set forth below, we AFFIRM the district court.

BACKGROUND

Procedural History

On May 24, 2000, Plaintiff filed a complaint in federal court against Rodney E. Slater, Secretary of the Federal Aviation Administration’s Department of Transportation. Plaintiff set forth three counts, alleging: (1) sex discrimination, through hostile work environment and disparate treatment, in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq.; (2) reprisal/retaliation, in violation of Title VII of the 1964 Civil Rights Act, 42 U.S.C. § 2000e et seq.; and (3) violation of due process and equal protection rights, under the constitution and 42 U.S.C. § 1983.

On October 20, 2000, Judge James G. Carr entered an order, transferring the case to Magistrate Judge Vernelis K. Armstrong, upon consent of the parties. On December 19, 2000, the parties stipulated [36]*36to the dismissal of the third count of the complaint.

On August 15, 2002, Defendant filed a motion for summary judgment. On January 7, 2003, the magistrate judge filed a Memorandum Decision and Order, granting Defendant’s motion for summary judgment.

On February 28, 2003, Plaintiff filed a timely notice of appeal.

Substantive Facts

The facts were stated in summary form by the magistrate judge:

Plaintiff, a white male and Air Force veteran, obtained employment with the FAA as a flight data aid with Cleveland’s En Route Center [in or before 1981].... In 1985, Plaintiff was promoted to air traffic controller at the Toledo Express Airport (Toledo Express) and was assigned to that facility until November, 1998. From Spring 1993 through May 1996, Plaintiff served as President of the National Air Traffic Controllers Association.
During his tenure at Toledo Express, Plaintiff was diagnosed with depression, anxiety and post traumatic stress syndrome .... Plaintiff was placed on trauma leave from June or July 1996 through December 1996.... From December 1996 through February 3, 1997, Plaintiff was temporarily assigned to the Ann Arbor Airport. In November-1998, Plaintiff took administrative leave because of emotional stress associated with alleged gender harassment.... Plaintiff retired for medical reasons in November 1998.
Plaintiff claims that the stress he experienced during his employment at Toledo Express was the result of a hostile work environment resulting from conduct of female co-workers and disparate treatment because of his gender. He complained several times to his employer that he was being subjected to false accusations by female co-workers Jean Drury, Karen Cooper, Linda Verkennes and Carrie Evans. Plaintiff also complained that: 1) he was subjected to a stricter standard and singled out as compared to female co-workers and was subjected to inappropriate, sometimes screaming tirades by female co-workers Karen Cooper and Carrie Evans; 2) Carrie Evans and Karen Cooper were given preferential work and leave scheduling; and his complaints to his supervisor, Jim Blumberg, and other management were not investigated or addressed in the same manner or taken as seriously as complaints of discrimination by female coworkers.
On September 14, 1998, Plaintiff filed an Equal Employment Opportunity (EEO) complaint alleging gender discrimination based on collusion between co-worker, Karen Cooper, and management for purposes of forcing him from the midnight shift and reprisal for filing previous EEO filings. [The complaint was dismissed.]....
On November 15, 1998, Karen Cooper screamed during a confrontation with Plaintiff “we got you.” Construing this comment to mean that Karen Cooper and management had been successful in efforts to retaliate against him for filing EEO complaints, Plaintiff filed an EEO complaint alleging reprisal/retaliation. [The complaint was dismissed.]....
On or about March 1, 1999, Plaintiff filed another EEO complaint alleging retaliation based upon the November 15, 1998 collaboration between management and a co-worker to force him to alter his work schedule. [The complaint was dismissed.]

(J.A. at 645-48) (citations omitted).

These facts can be elaborated upon. Various other workers in this workplace, [37]*37besides Plaintiff, made informal and formal complaints of sexual harassment or sex-based disparate treatment — these other complaints are material to this lawsuit. In the first episode of harassment described by Plaintiff, female controller Jean Drury insisted that Plaintiff (in his capacity as a union representative) place a complaint to a male supervisor, Mark Bernard, regarding the flirtatious conduct between female controller Tracy Michael and “another controller with whom she was allegedly amorously involved.” (Petitioner’s Br. at 4.) Plaintiff mentions this in stating that Bernard told Michael and the other individual about Plaintiffs complaint — this “created animosity towards” Plaintiff. Id.

In the second episode described by Plaintiff, Michael told Plaintiff of allegedly harassing remarks made by three male controllers. Even though Michael wished that the information remain confidential. Plaintiff confided to supervisor Ted Elder, who then approached the three male controllers “and informed them that Mr. Schramm was trying to persuade Ms. Michael to file an EEO complaint against them. Elder later admitted that he intended to create animosity among fellow controllers towards Mr. Schramm.” (Petitioner’s Br. at 5.)

Plaintiffs co-worker Karen Cooper made various complaints of harassment against co-workers. Cooper made a claim of harassment against male co-worker Neven Vos. Plaintiff “informed Cooper that he intended to support” Vos. (Petitioner’s Br. at 13.) According to Plaintiff, this support was the reason that Cooper made complaints that Plaintiff was violating the rule against smoking in the tower.1 Karen Cooper had an EEO harassment settlement (regarding harassment which does not appear to have involved Plaintiff); the terms of this settlement apparently made Cooper’s schedule inflexible — this inflexibility prevented Defendant from altering Cooper’s schedule to accommodate Plaintiffs request not to work on the same shift with Cooper. Management also cited Cooper’s harassment claims in explaining why Plaintiffs requested attempts to avoid working with Cooper could not be granted: “Mr. Shegitz [a supervisor] wrote a memorandum to Jim Blumberg [a supervisor] instructing him to counsel me that any further attempts to avoid working with Cooper would be seen as retaliatory [against Cooper].” (J.A. at 606.)

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Bluebook (online)
105 F. App'x 34, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schramm-v-slater-ca6-2004.