Frogley v. Meridian Joint School District No. 2
155 Idaho 558
Idaho2013Background
- Frogley signed a one-year contract in Jan. 2009 to serve as Assistant Principal at Mountain View High School under Meridian School District; he began July 31, 2008.
- Frogley alleges ongoing sexually harassing conduct by administrator Maybon and others starting within weeks of his employment, including a demeaning fake wedding announcement and routine derogatory remarks.
- In Oct.–Nov. 2008, Frogley faced reprimands and an Improvement Plan after complaints about his performance, attendance, and supervision.
- On Nov. 24, 2008, a student alleged harassment by Frogley; Frogley denied harassing the student and contends he was performing his duties.
- Following investigations, Frogley was placed on leave and reassigned; in May 2009 the superintendent recommended against offering him a new contract for 2009–2010.
- Frogley filed May 2010 complaints, the district court granted summary judgment for respondents on retaliation and negligent infliction of emotional distress (NIED); Frogley appeals challenging both rulings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there is a genuine issue of material fact as to pretext for retaliation | Frogley argues direct and indirect evidence show pretext; Clark–Maybon conversation and other inconsistencies support retaliation | Respondents contend no direct evidence of pretext and indirect evidence is insufficient | Pretext present; summary judgment reversed (retaliation) |
| Whether there is a genuine issue of material fact as to negligent infliction of emotional distress | Frogley asserts conduct caused severe emotional distress and physical symptoms; employer duty not to insult not limited to ordinary mistreatment | Employer argues no duty to avoid ordinary verbal insults; no foreseeability of serious harm | Factual questions remain; summary judgment reversed (NIED) |
Key Cases Cited
- Patterson v. State Dept. of Health & Welfare, 151 Idaho 310, 256 P.3d 718 (Idaho 2011) (guides interpretation of Idaho HR Act via federal law)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (establishes burden-shifting framework for retaliation claims)
- Burdine v. Texas Dept. of Community Affairs, 450 U.S. 248 (U.S. 1981) (pretext framework for retaliation cases)
- Godwin v. Hunt Wesson, Inc., 150 F.3d 1217 (9th Cir. 1998) (direct vs. indirect evidence in retaliation cases)
- Davis v. Chevron, 14 F.3d 1082 (5th Cir. 1994) (illustrates limitations of direct evidence in some discrimination contexts)
- Merritt v. Dillard Paper Co., 120 F.3d 1181 (11th Cir. 1997) (direct evidence of retaliation in certain settings)
- Czaplicki v. Gooding Joint Sch. Dist. No. 231, 116 Idaho 326, 775 P.2d 640 (Idaho 1989) (emotional distress elements and physical manifestation requirement)