491 F. App'x 561
6th Cir.2012Background
- Creggett, an African-American high-school teacher, sues Jefferson County School District for discrimination, retaliation, hostile work environment, and intentional infliction of emotional distress.
- He alleges excessive classroom observations, false characterization of a student slur, forced resignation from a school committee, harsher discipline than female teachers for a confidentiality breach, and denial of professional training.
- After 2007 internal grievance findings and EEOC charge (no probable cause), he filed federal suit June 6, 2008 (Title VII and Kentucky Civil Rights Act).
- Amended complaint (2010) narrowed to the district; district moved for summary judgment (2010).
- District court granted summary judgment Oct. 19, 2011, finding no direct evidence and no adverse employment action under McDonnell Douglas; this court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was an adverse employment action. | Creggett suffered de minimis actions and a Form E-2 reprimand. | Actions did not amount to materially adverse changes in terms of employment. | No material adverse action shown. |
| Whether plaintiff established a prima facie hostile-work-environment claim. | Harassment and isolation created a hostile environment. | Record lacks objective hostility or unwelcomed harassment meeting standard. | Hostile environment not proven. |
| Whether plaintiff established a prima facie retaliation claim. | Actions occurred after protected activity and were retaliatory. | Actions alleged were before EEOC filing or not materially adverse. | Retaliation claim rejected. |
| Whether summary judgment was proper on discrimination claim given McDonnell Douglas framework. | Prima facie elements met; pretext shown. | No adverse action; nondiscriminatory reasons credible. | Summary judgment affirmed. |
Key Cases Cited
- Harris v. Giant Eagle Inc., 133 F. App’x 288 (6th Cir. 2005) (prima facie discrimination framework)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (U.S. 1973) (burden-shifting framework for discrimination claims)
- White v. Burlington Northern Santa Fe Ry. Co., 364 F.3d 789 (6th Cir. 2004) (definition of adverse action; en banc)
- Ellerth, Burlington Indus., Inc. v. Ellerth (1998) (supervisory harassment and employer liability framework)
- Bowman v. Shawnee State Univ., 220 F.3d 456 (6th Cir. 2000) (de minimis actions not actionable)
- Kocsis v. Multi-Care Mgmt., Inc., 97 F.3d 876 (6th Cir. 1996) (adverse-action standards)
- Williams v. Gen. Motors Corp., 187 F.3d 553 (6th Cir. 1999) (hostile environment elements; objective/subjective test)