Morris v. City of Colorado Springs
1:09-cv-01506
D. Colo.Nov 19, 2010Background
- Morris, a nurse, worked for Memorial Health System (MHS) since January 2000 and had access to MHS's sexual harassment policy, which prohibits sex-based actions and requires reporting harassment to a supervisor or HR immediately.
- In November 2006, Morris joined MHS’s perioperative program; in October 2007 she joined the Heart Team responsible for all heart surgeries, with Dr. Bryan Mahan as a team member and supervisor during surgeries where both participated.
- Morris alleges Dr. Mahan sexually harassed her by belittling her and by two instances of hitting her on the back of the head; Mahan admits one head flick but cannot recall a second flick; other female employees reportedly complained about Mahan.
- During a heart surgery on the Friday before Labor Day 2008, Mahan threw pericardium tissue toward Morris, hitting her leg; Morris reported the incident the following Tuesday; Crall reported to HR and involved CEO Balch and Dr. Mahan in discussions.
- A September 11, 2008 memorandum required a team-building program and indicated those uncomfortable could transfer; Morris participated in the program and later received an award in December 2008 for her operating room work.
- On December 10, 2008 Morris served a Notice of Claim alleging economic loss, humiliation, and emotional distress; a week later she was reassigned from the Heart Team to general surgery, with no pay change and an extra day off per week; overtime eligibility remained, but Morris did not work overtime in general surgery; Morris filed suit alleging a hostile work environment under Title VII.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dr. Mahan’s conduct created a hostile work environment based on Morris’s sex. | Morris argues conduct shows gender-based discrimination. | MHS contends there is no proof of sex-based discrimination. | No genuine issue of material fact; no sex-based discriminatory environment found. |
Key Cases Cited
- Meritor Savings Bank v. Vinson, 477 U.S. 57 (1986) (establishes hostile work environment framework under Title VII)
- Harsco Corp. v. Renner, 475 F.3d 1179 (10th Cir. 2007) (determines discrimination must be due to sex to be actionable)
- Pinkerton v. Colorado Dep’t of Transp., 563 F.3d 1052 (10th Cir. 2009) (requires severe or pervasive conduct altering terms and conditions of employment)
- Burlington Northern & Santa Fe Ry. Co. v. White, 548 U.S. 53 (2006) (Title VII not a general civility code; focus on discriminatory conduct)
- Chavez v. New Mexico, 397 F.3d 826 (10th Cir. 2005) (illustrates what constitutes pervasive conduct for Title VII claims)
- Herrera v. Lufkin Indus., Inc., 474 F.3d 675 (10th Cir. 2007) (discrete, sporadic incidents alone may be insufficient; must show pervasive conduct)