Wanchik v. Great Lakes Health Plan, Inc.

6 F. App'x 252
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 2, 2001
DocketNo. 99-2333
StatusPublished
Cited by25 cases

This text of 6 F. App'x 252 (Wanchik v. Great Lakes Health Plan, 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
Wanchik v. Great Lakes Health Plan, Inc., 6 F. App'x 252 (6th Cir. 2001).

Opinion

PER CURIAM.

Plaintiff Nancy Wanchik appeals a district court’s decision granting the defendant’s summary judgment motion. For the reasons which follow, we affirm in part and reverse in part the decision of the district court and remand for further proceedings consistent with this opinion.

I. FACTS

Plaintiff began working with First Care Health Plan in 1977 as a medical assistant. Over the next twenty years, she gained experience as a health care administrator overseeing the member services, marketing, network development, and accounting departments. By the early 1990s, she was Chief Executive Officer of the HMO. On March 6, 1996, Great Lakes Health Plan purchased First Care. After the sale, Wanchik continued as CEO and reported to Donald Zinner, President and CEO of Great Lakes. Other principal members of the executive team were: Bryan Schefman, Senior Vice President of Legal and Government Affairs; Barry Beck, Chief Medical Officer; Bruce Nager, President of Qualnet (a management service organization) and Senior Vice President of Clinic Services; and Alan Tobes, Vice President of Finance and Chief Financial Officer. Kipton Kaplan, who first joined Great Lakes as a consultant, later became Chief Operating Officer after plaintiffs departure.

Plaintiff recalls that Zinner asserted his authority very quickly after the acquisition of First Care. Wanchik claims that she was summoned to his office within the first week. There, he told plaintiff that her position as CEO of First Care would be titular only and that he would oversee day-to-day responsibility for the plan. J.A. 266. Zinner said that he was “humbling” her. J.A. 272. In deposition, Zinner explained that plaintiff “was more focused on wanting my job than on doing her own” and that “her ego was getting in the way of her decision-making.” J.A. 91.

Wanchik complained of this treatment to Alan Tobes, Vice President of Finance. According to plaintiff, “He said he thought that it was because I was not male and Jewish.” J.A. 268. In her EEOC charge, plaintiff recalled that Tobes made the statement “in a joking manner but I believe he spoke the truth.” J.A. 214. Tobes denies making the statement. J.A. 404.

The next several months were unhappy for Wanchik. She claims that she was excluded from executive meetings and that her contributions to management were ignored. She also alleges that she was not permitted to implement decisions for her department and that her work was meaningless. Two colleagues have signed statements describing how plaintiffs authority was undercut and that the management anticipated and possibly contrived her departure from the company within a year. J.A. 202, 204.

Plaintiffs assistant, Michele Lundberg, was also unhappy and contemplated leaving. When Zinner learned of this, he reassigned staff positions in an effort to entice Lundberg to stay. Lundberg was given plaintiffs position as CEO of First Care, while Wanchik was made Vice President of Marketing and Strategic Planning for Great Lakes. Because she had no interest or expertise in marketing, plaintiff now claims that this transfer was a “demotion.” [256]*256Nevertheless, she decided to “give it [her] best shot.” J.A. 69. Her benefits and $150,000 compensation stayed the same. In this newly created position, plaintiff alleges that she never received the support of management and that her staff bypassed her in favor of Kipton Kaplan, a consultant who would later assume her job responsibilities after she left.

During this time, plaintiff claims that Great Lakes fostered a sexist and vulgar environment through inappropriate humor and conduct. As part of her complaint, plaintiff has offered several affidavits and statements by female colleagues who corroborate her impression of a sexist office culture. Some of the statements are unsigned because, according to Wanchik, their authors fear reprisal in the health care industry. The signed statements describe offensive comments by Nager, either pressuring co-workers for sex or making crude sexual assessments (“Nager called another employee, Nancy Rich, a ‘dumb blonde bitch’ and said she needed to be ‘fucked up the ass.’ He said, T know she will like it because she likes it hard. Maybe we should both fuck her, she’s got that man look about her.” ’) J.A. 203-05, 211-212. Other statements detail sexual advances, intimidating, and fondling by Howard Rosenberg, Senior Vice Present of Network and Marketing. J.A. 206-210.

On January 24, 1997, Wanchik resigned to accept a position as Administrator of the Medical Management Company of America. She claims that the transfer was involuntary and resulted in a pay cut of $25,000 and a forfeiture of annual bonuses. Plaintiff has since changed jobs again. Currently, she is Chief Operating Officer of Cape Health Plan, where her annual salary is $175,000.

On April 25, 1997, Plaintiff filed an Equal Employment Opportunity Commission complaint charging discrimination. On December 9, 1997, Plaintiff filed this action, alleging gender and race discrimination as well as sexual harassment under federal and Michigan law. The District Court granted summary judgment for the defendant on all claims. Plaintiff now appeals.

III. ISSUES

Plaintiff briefs a number of issues. Wanchik first appeals the District Court’s application of summary judgment. Because this challenge to fact-finding is implicit in each of the other substantive arguments, it will not be discussed separately. Plaintiff also appeals the District Court’s determination of constructive discharge. This challenge is properly considered in the context of her gender discrimination claim. The issues, then, are:

A. Whether plaintiff presented a prima facie case of gender discrimination.
1. Disparate Treatment
2. Sexual Harassment
B. Whether plaintiff can maintain a claimfor race discrimination.

IV. ANALYSIS

Summary judgment is proper “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(c). The standard of review for a district court’s grant of summary judgment is de novo. Neshewat v. Salem, 173 F.3d 357, 361 (6th Cir.1999). The court must infer all facts in a light most favorable to the non-moving party. Id. Because this casé is so fact-intensive, Great Lakes has a formidable challenge in demonstrating that the evidence “is so one-sided that one party must prevail as a matter of law.” [257]*257Booker v. Brown & Williamson Tobacco Co., 879 F.2d 1304, 1310 (6th Cir.1989) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986)).

The District Court ruled that the defendant met this burden. With respect to plaintiffs claim for sexual harassment, the Distinct Court erred.

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6 F. App'x 252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wanchik-v-great-lakes-health-plan-inc-ca6-2001.