Simoudis v. Ford Motor Co.

29 F. App'x 314
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 5, 2002
DocketNo. 00-4226
StatusPublished
Cited by3 cases

This text of 29 F. App'x 314 (Simoudis v. Ford Motor Co.) 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
Simoudis v. Ford Motor Co., 29 F. App'x 314 (6th Cir. 2002).

Opinion

MERRITT, Circuit Judge.

Plaintiff John Simoudis appeals from the entry of summary judgment in favor of his employer, defendant Ford Motor Company. Plaintiff brought this action against Ford in Ohio state court alleging various violations of Ohio law. Defendant removed the complaint to federal court based on diversity of citizenship. Specifically, plaintiff brought claims of discrimination based on (1) national origin, (2) age, (3) retaliation for filing workers’ compensation claims and (4) violations of Ohio public policy based on the discrimination and retaliation. Plaintiff did not raise his age discrimination claim on appeal.

Plaintiff is a Greek-American who has worked at the Ford stamping plant in Walton Hills, Ohio, since 1988, as a metals performance analyst and quality control manager. In July 1995, plaintiff went on medical leave due to heart problems and a back injury he received at the plant. He went on long-term disability in December [316]*3161996 and that was his status at the time he filed this action in August 1999.

Plaintiff filed two workers’ compensation claims: one in July 1997 and the second in November 1998. In February 1999, during the course of litigating the second workers’ compensation claim, plaintiff discovered that his employment status had been changed from “approved medical leave of absence” to “terminated-unapproved.” Plaintiff had not been given notice of this change in status and, although his benefits had not changed, he was concerned about the change and contacted Fred Ivey, supervisor of salaried personnel at the plant. After talking with Ivey, plaintiff sent Ivey a letter stating that Ford violated Ohio law and Ford’s own personnel policies by taking punitive action against him for filing the workers’ compensation claims. Letter from J. Simoudis to F. Ivey, dated Feb. 11, 1999 (J.A. at 63). Ford responded to plaintiff by letter, explaining that upon expiration of an employee’s medical leave, an “administrative termination” becomes effective. Letter from F. Ivey to J. Simoudis, dated Feb. 17,1999 (J.A. at 65). Although not stated in the letter, the deposition of Fred Ivey further explains that the status change was made in September 1998 for internal bookkeeping purposes and is consistent with Ford’s personnel policies. Ivey explained that the change does not affect plaintiffs benefits as long as he remains disabled and that the action was not taken as a punitive measure against plaintiff for any reason. Plaintiff confirmed in his deposition that his benefits had not changed except for loss of the use of a leased car. Plaintiff expressed concern, however, that his benefits might change in the future due to this change in status, although he put forth no evidence or other basis to support this concern or to explain why he fears he may lose benefits in the future.

While the retaliation claim seems to be at the crux of plaintiffs complaint, he also brought a discrimination claim based on national origin. Plaintiff claims that he was subjected to a hostile work environment as a result of being told jokes about homosexuals and Greeks and because he was called offensive names referring to his Greek heritage on a continuous basis when he was working at the plant. Plaintiff does not allege any adverse employment action against him as a result of this harassment.

Besides loss of the use of a leased car, to date plaintiff has not claimed any significant change in job benefits resulting from either the change in his employment classification or from the alleged harassment.

Hostile Work Environment

As to his claim of discrimination based on his Greek heritage, plaintiff claims that he was subjected to a hostile work environment by his supervisors and managers, not his coworkers. He does not claim any adverse employment action was taken against him due to the harassment. Defendant contends that plaintiff has not demonstrated a sufficiently severe or pervasive hostile work environment to maintain a claim, but, even if he had, the company has an affirmative defense to any liability due to its anti-harassment policy and plaintiffs failure to make the company aware of his complaints through its published open-door policy.

The Ohio courts have adopted federal Title VII standards for use in analyzing hostile environment claims brought under Ohio law. See, e.g., Bell v. Cuyahoga Cty. College, 129 Ohio App.3d 461, 717 N.E.2d 1189 (1998). The elements and burden of proof are the same regardless of the discrimination context in which the claim arises. Crawford v. Medina Gen’l Hosp., 96 F.3d 830, 834 (6th Cir.1996). [317]*317Therefore, in order to prevail on a claim of hostile work environment and harassment based on national origin, plaintiff must show (1) he was a member of a protected class; (2) he was subject to unwelcome harassment; (3) the harassment was based on his national origin; (4) the harassment had the purpose or effect of unreasonably interfering with his work performance or creating an intimidating, hostile or offensive work environment and (5) the employer failed to take reasonable care to prevent and correct any harassing behavior. See Harris v. Forklift Sys., Inc., 510 U.S. 17, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) (sexual harassment); Williams v. General Motors Corp., 187 F.3d 553, 562 (6th Cir.1999) (same).

In 1998, the Supreme Court revisited the standard for Title VII employer liability in the context of two sexual harassment cases and clarified that agency principles apply. Burlington Indus., Inc. v. Ellerth, 524 U.S. 742, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998); Faragher v. City of Boca Raton, 524 U.S. 775, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998). An employer is liable for acts committed by employees within the scope of their employment, including vicarious liability for hostile work environments created by supervisors. The Court also articulated an affirmative defense limiting this liability when the plaintiff, like the one herein, has not suffered a tangible adverse employment action. Specifically, the Court stated:

An employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee. When no tangible employment action is taken, a defending employer may raise an affirmative defense to liability or damages, subject to proof by a preponderance of the evidence----The defense comprises two necessary elements: (a) that the employer exercised reasonable care to prevent and correct promptly any sexually harassing behavior, and (b) that the plaintiff employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer or to avoid harm otherwise.... No affirmative defense is available, however, when the supervisor’s harassment culminates in a tangible employment action, such as discharge, demotion, or undesirable reassignment.

Ellerth, 524 U.S.

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514 F. App'x 601 (Sixth Circuit, 2013)

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Bluebook (online)
29 F. App'x 314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simoudis-v-ford-motor-co-ca6-2002.