Toni Bone v. G4S Youth Services

686 F.3d 948, 19 Wage & Hour Cas.2d (BNA) 662, 2012 WL 3064278, 2012 U.S. App. LEXIS 15663, 115 Fair Empl. Prac. Cas. (BNA) 1077
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 30, 2012
Docket11-2901
StatusPublished
Cited by151 cases

This text of 686 F.3d 948 (Toni Bone v. G4S Youth Services) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Toni Bone v. G4S Youth Services, 686 F.3d 948, 19 Wage & Hour Cas.2d (BNA) 662, 2012 WL 3064278, 2012 U.S. App. LEXIS 15663, 115 Fair Empl. Prac. Cas. (BNA) 1077 (8th Cir. 2012).

Opinion

GRUENDER, Circuit Judge.

Toni Bone appeals the district court’s 1 grant of summary judgment in favor of her employer, G4S Youth Services, LLC (“G4S”), and her supervisor, Todd Speight, on Bone’s claims that they terminated her employment based on her race, age, and use of family medical leave. For the reasons that follow, we affirm.

I. BACKGROUND

G4S began operating the Alexander Juvenile Assessment and Treatment Center (“AJATC”), a youth detention center, in Januaxy 2007 under a contract with the Arkansas Department of Human Services Division of Youth Services (“DYS”). G4S hired Toni Bone in March 2007 as the education director at AJATC. Before she was hired, Bone was interviewed by G4S’s chief executive officer, Kerry Knott, G4S’s head of education, Jerry Neely, and G4S’s facility director for AJATC, Todd Speight. Bone, like Knott and Neely, is Caucasian and was older than forty when she was hired. Before coming to G4S, Bone was the special education supervisor at DYS. In that position, she oversaw special education at six of the eleven juvenile detention facilities in Arkansas, including AJATC. One of her responsibilities at DYS was to oversee compliance with a Corrective Action Plan (“CAP”) created pursuant to a settlement agreement between DYS and the United States Department of Justice. Once at G4S, Bone worked under Neely to set up an education program at AJATC that complied with the CAP, but she also reported directly to Speight.

It is undisputed that Bone was a valued employee for the first seven months of her employment with G4S. She had a positive working relationship with both Neely and Speight. In October 2007, Bone received a positive performance review from Speight, obtaining a rating of 3.7 out of 4. AJATC achieved several educational goals during this time, and Bone received praise from G4S and DYS for the progress. During this time, no one from DYS came to AJATC to oversee or monitor the special education program at AJATC. In November 2007, DYS hired Valeria Pumphrey as its education director and Mary Steele as Bone’s successor as special education supervisor. Like Bone before her, Steele was charged with overseeing compliance with the CAP. Soon thereafter, Steele began to visit AJATC and monitor Bone’s progress with the special education program. Bone previously had been Steele’s supervisor when they both worked in the Little Rock School District. Pumphrey and Steele quickly experienced problems communicating with Bone.

According to Pumphrey and Steele, Bone told them in regulatory meetings in November 2007, December 2007, and January 2008 that all teachers at AJATC had received “due process training” in August 2007 as required by the CAP. Steele relayed this information to state officials at the Arkansas Department of Education (“ADE”). These officials requested documentation to confirm the training, and Bone promised to provide it to Steele. After Bone failed to provide the documen *952 tation, Steele contacted the training provider and determined that only one teacher received the training required by the CAP. Steele testified that she felt like Bone was telling her what Bone thought Steele wanted to hear instead of the truth, causing Steele to lose trust in Bone. Steele notified Speight and Neely that she had provided false information to ADE officials in reliance on Bone’s representations. G4S placed Bone on paid administrative leave while it investigated Steele’s accusation. In her deposition, Bone testified that she never told Steele that all teachers had been trained but merely told her that all teachers who were available that day had been trained. Bone claimed that her statement was true because only one teacher was available that day. G4S indicated that it would have suspended or terminated Bone if it had determined that she lied to Steele regarding the CAP training, but it never made such a determination.

Shortly thereafter, G4S created a new special education supervisor position separate from that of education director. Speight asked Bone whether she wanted to continue as education director or as special education supervisor. Bone chose the special education supervisor position because that was her area of expertise. The change became effective on February 3, 2008. Although Bone was no longer responsible for the entire educational program at AJATC, her salary remained the same. G4S hired Dr. William Thomas, a seventy-three-year-old African-American man, to fill the education director position. Dr. Thomas had twenty-five years of experience as a school superintendent and received a higher salary than Bone.

In March 2008, Bone underwent shoulder surgery while on paid leave for spring break. She took additional paid leave the following week to recover. According to Bone, Speight was wonderful to her regarding the surgery, he gave her advice based on his experience with the same surgery, and G4S even sent her flowers. Bone’s doctor cleared her to return to work on April 1, 2008 with the restriction that she could not use her right arm. Bone emailed Speight to inform him that she could not be hit or bumped in the shoulder. One day after she returned to work, G4S required Bone to substitute temporarily for an absent teacher.

Steele at DYS continued to have problems with Bone after Bone’s responsibilities were limited to special education. Steele testified that Bone repeatedly refused Steele’s requests and resisted making any changes. On April 10, 2008, ADE officials informed Steele that the parental rights of the mother of an AJATC student had been terminated. Steele instructed Bone to appoint a surrogate parent for the student. Bone responded that she could not comply without a copy of the court’s parental-rights termination order. Steele instructed Bone not to hold a special education conference for the student until Steele could obtain a copy of the termination order and appoint a surrogate parent. Three days later with no surrogate parent appointed, Bone conducted a special education conference for the student despite Steele’s instructions. Steele reported her concerns about Bone to G4S. On May 7, 2008, Knott met with Bone and Speight. Knott gave Bone the option to resign in lieu of her employment being terminated. Bone signed a letter of resignation that day. G4S hired Misty Hunt, a forty-two-year-old Caucasian woman, to replace Bone.

Bone filed a complaint in September 2008 with the Equal Employment Opportunity Commission (“EEOC”) and later received a right-to-sue letter. In August 2009, Bone brought this lawsuit against G4S, Speight, Steele, Pumphrey, and DYS. *953 Bone alleged that she was terminated based on her race in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and in violation of the Arkansas Civil Rights Act (“ACRA”), Ark. Code Ann. § 16-123-101 et seq. She also alleged that the termination was based on her age in violation of the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq., in retaliation for engaging in protected speech in violation of 42 U.S.C. § 1983

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Bluebook (online)
686 F.3d 948, 19 Wage & Hour Cas.2d (BNA) 662, 2012 WL 3064278, 2012 U.S. App. LEXIS 15663, 115 Fair Empl. Prac. Cas. (BNA) 1077, Counsel Stack Legal Research, https://law.counselstack.com/opinion/toni-bone-v-g4s-youth-services-ca8-2012.