Presley v. Ohio Department of Rehabilitation & Correction, 675 F. App'x 507

Background

Denise Presley, an African-American RN at Toledo Correctional Institution (ToCI), worked at ODRC after a prior termination was rescinded and she completed an extended probationary period.
Presley received counseling and a one-day working suspension (without pay loss) for various medication-handling and documentation errors; she later was temporarily reassigned to medical records after discontinuing an inmate’s medication.
Hannah Godsey, a white nurse who served as interim Nurse Supervisor, was promoted to the permanent Nurse Supervisor position over Presley; Presley alleges the interim placement was preselected and the permanent posting was initially listed as a bargaining-unit job.
Presley filed EEOC charge and sued under Title VII for race discrimination (failure to promote, disparate discipline, reassignment/constructive discharge) and sex discrimination (disparate discipline vs male nurse Michael Mathews).
The district court granted summary judgment for ODRC; the Sixth Circuit reviewed de novo and affirmed, applying McDonnell Douglas burden-shifting and examining pretext, adverse action, comparator similarity, and constructive-discharge standards.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Failure to promote (race)	Presley: Godsey was preselected; posting irregularities and Godsey’s errors show pretext; Presley was more senior/qualified	ODRC: Godsey was interim supv., had management support, selection based on interview/recommendation; posting was a typographical error	Affirmed for ODRC — Presley not shown so superior that no reasonable employer would choose Godsey; irregularities not probative enough of racial pretext
Disparate discipline (race)	Presley: she was disciplined (counseling, one-day suspension) while white nurses like Godsey and Mathews were treated more leniently	ODRC: disciplinary actions were for legitimate performance concerns; Presley’s discipline did not cause a materially adverse employment change	Affirmed for ODRC — counseling/suspension lacked evidence of material adverse action or of pretext for race discrimination
Reassignment / constructive discharge (race)	Presley: reassignment to records was humiliating, menial, and intended to force her resignation	ODRC: reassignment was temporary, for patient safety pending investigation; no demotion or salary reduction	Affirmed for ODRC — conditions not objectively intolerable nor shown to be intentionally created to force resignation
Sex discrimination (disparate discipline)	Presley: male nurse Mathews was guilty of sleeping on duty yet was not punished; she was punished more harshly	ODRC: Mathews was not similarly situated in relevant aspects; procedural/CB A timing issues affected discipline	Affirmed for ODRC — Presley failed to show Mathews was similarly situated or that ODRC’s reasons were pretextual

Key Cases Cited

Anderson v. Liberty Lobby, 477 U.S. 242 (summary judgment standard and evidence viewed in plaintiff’s favor)
Celotex Corp. v. Catrett, 477 U.S. 317 (moving party’s burden on summary judgment)
McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting framework for circumstantial discrimination)
Wheat v. Fifth Third Bank, 785 F.3d 230 (6th Cir. 2015) (application of McDonnell Douglas in Sixth Circuit)
White v. Baxter Healthcare Corp., 533 F.3d 381 (6th Cir. 2008) (prima facie Title VII elements)
Ercegovich v. Goodyear Tire & Rubber Co., 154 F.3d 344 (6th Cir. 1998) (comparator must be similarly situated in relevant aspects)
Bender v. Hecht’s Dep’t Stores, 455 F.3d 612 (6th Cir. 2006) (pretext and comparative qualifications analysis)
Logan v. Denny’s, Inc., 259 F.3d 558 (6th Cir. 2001) (constructive discharge—objective intolerability and employer intent)
Moore v. KUKA Welding Sys., 171 F.3d 1073 (6th Cir. 1999) (constructive-discharge and intentional isolation evidence)
Seeger v. Cincinnati Bell Tel. Co., LLC, 681 F.3d 274 (6th Cir. 2012) (standards for showing employer’s reasons are pretextual)