Mary Colston v. Cleveland Public Library, 522 F. App'x 332

Colston was hired June 9, 2008 as a security officer; Abrams endorsed, Janero approved; Smith also hired that day.
Security officers are unionized under Teamsters Local 244; shifts are bid by seniority under a CBA, Colston having the least seniority by birth year.
On June 6, 2010, the Library laid off the two officers with the lowest seniority, Colston and Smith, under the CBA.
Colston and Smith were recalled on November 16, 2010; Tufts, Abrams, and Janero left the Library in 2011 or earlier.
Colston alleged harassment by Abrams and others, reported concerns, and the Library conducted investigations resulting in discipline or resignation.
District court granted summary judgment to the Library and Abrams; Sixth Circuit affirms the district court’s decision.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal of Title VII and R.C. 4112.02 claims was proper	Colston alleges sex-based discrimination and hostile environment.	Library/Abrams show no sex-based discrimination and timely actions neutralize claims.	Yes; claims fail as a matter of law.
Whether negligent hiring/retention/supervision/failure to train claims survive	Employer negligence allowed recovery against Library.	Negligent hiring only against employer; no tort liability shown by any individual.	No; claim against Library fails.
Whether retaliation claims were properly dismissed	Adverse actions followed protected activity.	No causal link shown between protected activity and adverse actions.	No; retaliation claims fail.
Whether IIED claim against Library/Abrams survives	Conduct was outrageous and caused distress.	Actions not extreme or causing serious distress; no medical evidence.	No; IIED claim fails.
Whether Fifth/Fourteenth Amendment claims were waived	Claims preserved for appeal.	Waived due to failure to address on appeal.	Waived.

Oncale v. Sundowner Offshore Servs., Inc., 523 U.S. 75 (U.S. 1998) (hostile environment requires sex-based discrimination)
Knox v. Neaton Auto Prods. Mfg., Inc., 375 F.3d 451 (6th Cir. 2004) (same standards for federal and state claims; discrimination based on sex)
Wathen Gen. Elec., 115 F.3d 400 (6th Cir. 1997) (individual supervisor not automatically liable under Title VII)
Allen v. Mich. Dep’t of Corrs., 165 F.3d 405 (6th Cir. 1999) (causal connection required for retaliation claims)
Ford v. Gen. Motors Corp., 305 F.3d 545 (6th Cir. 2002) (definition of adverse employment action; not all workplace grievances qualify)
Barzingus v. Wilheim, 306 F.3d 17 (10th Cir. 2010) (summary judgment standard akin to arbitration)