Scott v. Montgomery County School Board

963 F. Supp. 2d 544, 2013 WL 4012039, 2013 U.S. Dist. LEXIS 109915, 119 Fair Empl. Prac. Cas. (BNA) 702
CourtDistrict Court, W.D. Virginia
DecidedAugust 5, 2013
DocketCase No. 7:08CV000645
StatusPublished
Cited by4 cases

This text of 963 F. Supp. 2d 544 (Scott v. Montgomery County School Board) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scott v. Montgomery County School Board, 963 F. Supp. 2d 544, 2013 WL 4012039, 2013 U.S. Dist. LEXIS 109915, 119 Fair Empl. Prac. Cas. (BNA) 702 (W.D. Va. 2013).

Opinion

[546]*546 MEMORANDUM OPINION

JAMES C. TURK, Senior District Judge.

Plaintiff Judith Scott (“Scott” or “Plaintiff’) filed this action against her former employer, Montgomery County School Board (“the Board”), asserting a number of employment-related claims. Her Complaint does not list separate counts, but contains a joint title listing her claims, to wit: “Claim for religious harassment, discrimination, retaliation and wrongful discharge.” ECF No. 1 at 3. Based on the parties’ summary judgment filings, the Court will treat the Complaint as asserting the following claims: (1) a claim under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e (“Title VII”), in which she asserts that her contract was not renewed as a result of religious discrimination; (2) a retaliation claim, in which she asserts that her contract was not renewed as a result of her complaints of religious harassment; and (3) a hostile work environment claim under Title VII based on her religion. See generally ECF No. 27.1

Pending before the Court is the Board’s motion for summary judgment. ECF No. 24; see also ECF No. 25 (supporting memorandum). The Board contends that it is entitled to judgment as a matter of law as to all of Scott’s claims. Scott has filed a response to the motion for summary judgment, ECF No. 27, and the Board has filed a reply. ECF No. 29. The Court heard oral argument on July 15, 2013, and the matter is now ripe for disposition. For the reasons discussed herein, Defendant’s Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART.

1. FACTUAL BACKGROUND

A. General

Plaintiffs claims all stem from her allegations that that she experienced undue religious pressure from her immediate supervisor, Nina Donohoe. Scott was hired by the Board in 1992 and worked there until June 2006, at which time her annual contract was not renewed.2 Scott Dep. at 13. Scott worked in several positions for the Board, but was working as an assistant media aid in the Blacksburg Middle School library when Donohoe was hired as the “media specialist” in 1995. Donohoe Dep. at 8. Donohoe was essentially the school’s librarian, Donohoe Dep. at 8-9; Knott Dep. at 10, and Judy Scott was the library assistant. From 1995 until June 2006, the two worked together in the Blacksburg Middle School library. Scott’s contract was renewed each year until June 2006, when the Board did not renew her annual contract for the 2006-2007 year based on the recommendation of the principal of Blacksburg Middle School, Danny Knott. Knott’s decision, in turn, was based on input and recommendations from Assistant Principal Spencer Weiler and Donohoe, among others. See ECF No. 25-9, Knott Dep. at 10; ECF No. 25-8, Weiler Decl. at ¶¶ 21-23.

[547]*547Donohoe considers her faith to be “orthodox Christianity,” centered around the person of Jesus Christ, and believes that Jesus Christ came to the earth, was crucified, died, was resurrected, and ascended to heaven. Donohoe Dep. at 13-15. Donohoe described her church as an evangelical church, and herself as an evangelical. Id. at 16. According to her, that means that if she is “in a conversation with somebody, and [she] feel[s] that there is an open door for some sort of a conversation, that [she] might share either what [her] belief system is or ask them questions about theirs.” Id. The door would be open “just about all the time when someone has shown [her] in some way that they also would be a Christian.” Id.

Scott, by contrast, described herself in her deposition as “spiritual,” but disavowed the term “Christian,” explaining that she thought the word “Christian” has a lot of negative feelings attached to it, and that it has “too many bad connected feelings.” Id. at 21-22. She testified that she was turned off to the word “Christian” when she began working with Donohoe in 1995 because Donohoe was “very forceful in her beliefs.” Id. at 21-25. She also explained that she does not particularly like organized religion because she feels “like there has been a lot of hypocrisy.” Id. at 28.

Scott testified that she attended various (mostly Protestant) churches growing up and in the early years of her marriage, including attending a spiritual retreat in the late 1980s. Id. at 20-23, 29. She and her husband had stopped being active in any church in approximately 1994, however, because they felt like they spent a lot of time away from their children and they wanted to have more time to spend with their children. Id. at 27. Nonetheless, her belief system includes a belief in God and a belief that “God and Christ and the Holy Spirit are one.” Scott Dep. at 27. Additionally, she stated that she prays. Id. at 28.

Defendant argues that the alleged religious discrimination must be viewed in context and against the appropriate backdrop, which is that Scott and Donohoe were “of the same faith[,] knew each other and knew of each other’s faith before they worked together[,] and ... worked together for many years before issues arose.” See ECF No. 25 at 2. Specifically, Scott testified that she first met Donohoe in 1981 because Donohoe lived on the same street where Plaintiff and her husband were operating a shelter home for kids. Scott Dep. at 13, 16. Churches and other religious groups assisted the shelter. Id. at 18. At the time, Plaintiffs husband was an assistant pastor at Wesleyan Methodist Church in Blacksburg, Virginia. Id. at 15. He had also served as a pastor at a Wesleyan Methodist Church in Hampton, Virginia in the mid-1980s. Id. at 20. As a result of these connections, Donohoe and the Board contend that Donohoe reasonably believed Scott was open to religious overtures. See Donohoe Dep. at 36. Thus, according to the Board, the overtures were neither harassing nor discriminatory.

B. Specific Allegations of Harassment

Before turning to a more chronological description of events at issue, the Court provides an overview of Scott’s allegations of religious harassment. In her sworn Answers to Interrogatories, Scott listed a number of incidents that she alleges constituted harassment by Donohoe based on religion. First, she contends that in August 1995 when Donohoe was hired, Donohoe and Scott saw each other in a store and Donohoe told Scott she wanted to start their day with a daily devotion and [548]*548prayer. Scott Dep. at 45-46. Scott expressed her discomfort, and said she just didn’t think that was appropriate at school. Id. At some point in 1998, Donohoe asked if she could pray and said to Scott “I know you are not comfortable with it.” Id. at 46. Scott responded, “Yes, you are right, I’m not.” [and] Donohoe “left it.” Id. Scott posits that these incidents show that Donohoe knew Scott was not interested in religious activities.

Despite this purported knowledge by Donohoe, Scott avers that Donohoe continued to attempt to coerce her to engage in prayer and Bible studies in school, and left religious materials for Scott to review. See ECF No. 27, Ex. 13, Answers to Interrogatories at 3. In April 2005, Donohoe asked if she could pray for Scott, and solicited prayer from Scott. Id., Donohoe and others also asked Scott to attend a Christian conference in the spring of 2005.

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963 F. Supp. 2d 544, 2013 WL 4012039, 2013 U.S. Dist. LEXIS 109915, 119 Fair Empl. Prac. Cas. (BNA) 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scott-v-montgomery-county-school-board-vawd-2013.