Duggins v. Appoquinimink School District
Duggins v. Appoquinimink School District
Opinion of the Court
MEMORANDUM ORDER
I. INTRODUCTION
This is an employment discrimination case. On January 1, 2012, Felicia R. Dug-gins (“Duggins”) filed suit against the Appoquinimink School District (“District”) alleging violations of the Rehabilitation Act of 1973 § 501 et seq., 29 U.S.C. § 791 et seq. and the Americans with Disabilities Act of 1990, 42 U.S.C. § 12111 et seq. (“ADA”), the Family Medical Leave Act, 29 U.S.C. § 2601 (“FMLA”), and Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a) (“Title VII”).
II. BACKGROUND
Felicia Duggins has worked in the educational field since 1992. After eleven years in the Christiana School District employed as a high school teacher, she was promoted to an Assistant Principal position in 2003 within the Appoquinimink School District. In 2007, she was promoted to a Principal position at the newly-built Appoquinimink High School (“AHS”). Duggins was a principal at AHS for approximately two years.
During this time, Duggins was involved in several incidents within the capacity of her position. Duggins was periodically evaluated by the District and by the teachers of AHS. After her first year, her initial evaluation in August 2008 as Principal was relatively positive. Following her second year, a series of reviews placed her performance significantly lower. Both the teacher surveys conducted in March 2009 and her summative evaluation in July 2009 revealed failures in leadership. This summative evaluation stated the morale of the teachers was low due to her ineffective leadership; she behaved in an unprofessional fashion; and her performance required improvement. In addition, Duggins missed at least two key meetings involving both her superiors and the parents of her students. During this time, Duggins alleges she was exhausted due to a significant workload, at least one racially charged encounter with a parent, and a diagnosis of severe depression. In March 2009, the District required Duggins to submit to a drug test in light of her behavior. The results were negative for illegal substances.
In April 2009, at a meeting with the Deputy Superintendent of the District and
On August 21, 2009, Duggins filed a racial and disability discrimination charge with the Equal Employment Opportunity Commission (“EEOC”). The EEOC subsequently issued a right to sue letter on October 26, 2011.
III. STANDARD OF REVIEW
A. Standard on Motion for Summary Judgment
Summary judgment is appropriate if the “pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and the movant is entitled to a judgment as a matter of law.”
The moving party bears the initial burden of identifying portions of the record which demonstrate the absence of a genuine issue of material fact.
If the moving party has demonstrated an absence of material fact, the nonmoving party must then “come forward with specific facts showing that there is a genuine issue for trial.”
B. The McDonnell Douglas Standard
Both Duggin’s disability claim and her FMLA claim are analyzed under the framework set forth in McDonnell Douglas Corp. v. Green.
IV. DISCUSSION
A. The Disability Claim
To establish a prima facie case of unlawful discrimination under the ADA, Duggins must demonstrate that she: “(1) has a disability; (2) is a qualified individual; and (3) has suffered an adverse employment action because of that disability.”
The District does not dispute Dug-gins as a qualified individual. Superintendent Tony Marchio’s (“Marchio”) recommendations for promotion and positive initial evaluations prove that the District believed Duggins to be qualified.
Even if the District formulated a discriminatory attitude between March 2009 and the demotion, Duggins presents nothing to refute the legitimate, non-discriminatory reasons for the demotion. Duggins had been involved in at least one incident with a disgruntled parent and was unable to diffuse the situation before it escalated up the chain of command.
B. The FMLA Claim
To establish a prima facie case of FMLA retaliation, Duggins must show: “(1) plaintiff availed herself of a protected right under the FMLA; (2) plaintiff suffered an adverse employment action; and (3) there was a causal connection between the employee’s protected activity and the employer’s adverse employment action.”
Duggins’ purported causal link is that she was informed of her demotion shortly after she returned from leave, the same time that she received the summative evaluation as a result of the April 2009 reviews. Although “ ‘[a]t least when it is particularly suggestive, the temporal proximity of plaintiffs protected conduct and [her] termination can raise an inference that there is a causal link between the two,”
Even if Duggins’ demotion was sufficient to establish evidence of a causal connection, she has not offered any evidence to refute the District’s legitimate, nondiscriminatory reason for demoting her. Because Duggins cannot prove a causal connection between her use of FMLA leave and her demotion, summary judgment is granted to the District for the FMLA claim.
C. The Title VII Claims
a. Discrimination
Duggins also alleges a violation of Title VII. In order to establish a prima facie case of discrimination, she must demonstrate she: (1) is a member of a protected class; (2) was qualified for the position; and (3) suffered an adverse employment action under circumstances that give rise to an inference of unlawful discrimination.
Since the burden in an employment discrimination case first lies with the plaintiff, Duggins must produce evidence of a prima facie case for a Title VII claim. It is undisputed Duggins is a member of a protected class. Similarly, because the District promoted Duggins to the position of Principal and gave her a relatively positive review soon after placement indicates that she is, or at least was, qualified.
Duggins claims making her undergo a drug test when no other teacher has been so required is evidence of racial animus; however, beyond her assumption, she offers nothing to support her theory. The District does not deny utilization of its drug testing policy is a rare occurrence, but every employee of the District is subject to the same policy. Duggins alleges the District failed to drug test a white teacher, Laura Vanhouten, after she was seen intoxicated on campus. This incident was not reported to Fallís until months after it allegedly occurred;
Duggins testified that there was discriminatory treatment in the disciplinary process. Duggins received a negative re
Duggins’ bald assertion that her white Assistant Principal was provided more aid during Duggin’s absence than Duggins’ received during the assistant’s maternity leave is similarly unsupported. In fact, Duggins’ admits to not knowing what, if any, additional support was provided to her Assistant Principal.
Duggins references the same previously described incidents as evidence of discrimination via a hostile work environment. The Third Circuit has found that the discrimination analysis for this claim “must concentrate not on individual incidents, but on the overall scenario.”
Duggins also relies on a confrontation with the parent of a white student, who was a teacher within the District, but not at AHS.
b. Retaliation
Duggins charges the District retaliated against her for her Office of Civil Rights (“OCR”) and EEOC charges on account of her race. In order to prove a prima facie case of a Title VII retaliation claim, Duggins must show: (1) she engaged in activity protected by Title VII; (2) the District took materially adverse action against her; and (3) there was a causal connection between her participation in the protected activity and the adverse action.
By filing a discrimination charge with the OCR in April 2009 and the EEOC in August 2009, Duggins participated in protected activity under Title VII; the District first became aware of the EEOC charge on June 22, 2009.
The District does not dispute Duggins was demoted in July 2009 and her salary was subsequently realigned in July 2011. However, no evidence has been presented showing a causal connection between Dug-gins’ ORC and EEOC charges and the demotion that temporally followed. The retaliation claim must suffer the same fate as the FMLA claim. Prior to the June 22, 2009 e-mail between Duggins and Fallís, Duggins provides nothing indicating the District was aware of any discrimination charges against it.
Even if these incidents did rise to the level of discriminatory behavior, nothing on the record defeats the District’s proffered legitimate, non-discriminatory reason for the demotion. For the foregoing reasons, summary judgment in favor of defendant on the Title VII discrimination claim is granted.
D. Damages
a. Punitive Damages
Duggins claims punitive damages; however, she is statutorily barred from recovering such damages.
Duggins also requests front pay damages. The general rule is any demand for forward-looking economic loss “must be founded upon ... expert opinion” to determine the appropriate amount of damages.
c. Damages for Mental Anguish
Under 42 U.S.C. § 1981a, compensatory damages for mental anguish are recoverable. To recover damages for emotional distress, the plaintiff must prove an actual compensable injury.
For the foregoing reasons, the District’s motion for summary judgment (D.I. 24) on disability discrimination under the ADA, retaliation under the FMLA, and discrimination and retaliation on account of race under Title VII and regarding damages is granted.
. D.I. 1 Complaint alleging that defendant’s actions were racially motivated or relied on discriminatory behavior in regards to a disability.
. D.I. 25 at 2-5 and D.I. 26 at 2-13.
. D.I. 1 at 11.
. Fed.R.Civ.P. 56(c)(2).
. Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).
. Id. at 323, 106 S.Ct. 2548.
. Id.
. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986).
. Celotex, 477 U.S. at 323, 106 S.Ct. 2548.
. Id.
. Id. at 325, 106 S.Ct. 2548.
. Fed.R.Civ.P. 56(c).
. Yeager’s Fuel v. Pennsylvania Power & Light Co., 22 F.3d 1260, 1273 (3d Cir. 1994).
. Anderson, 477 U.S. at 248, 106 S.Ct. 2505.
. Id. at 249, 106 S.Ct. 2505.
. Id.
. Id. at 250, 106 S.Ct. 2505.
. 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973)
. McDonnell Douglas, 411 U.S. at 802, 93 S.Ct. 1817.
. Id.
. Id. at 804, 93 S.Ct. 1817.
. Schlifke v. Trans World Entertainment Corp., 479 F.Supp.2d 445, 452 (D.Del. 2007) (quoting Torre v. Casio, Inc., 42 F.3d 825, 830 (3d Cir. 1994) discussing McDonnell Douglas burden shifting in an Age Discrimination in Employment Act ("ADEA”) case).
. Maynard v. Goodwill Indus. of Del. and Del. County, Inc., 678 F.Supp.2d 243, 244 (D.Del. 2010) (citing Turner v. Hershey Chocolate USA, 440 F.3d 604, 611 (3d Cir. 2006)).
. 42 U.S.C. § 12102(1)(A)-(C) (2009).
. D.I. 26 at 6 (plaintiffs answering, brief in opposition to defendant’s motion for summary Judgment).
. Id.
. Id. At B048.
. Id.
. D.I. 25 at A77 (opening brief in support of motion for summary judgment).
. Id. at A167-69 (taken from the deposition of Felicia Duggins:
' "Q. Tell me how you alerted the district to the fact that you were suffering from depression.
A. Once it was labeled ‘depression.’ They had known that I was stressed and I was working those hours. I didn’t put it all together that — but once I found out, it was — I had called off work ... When I got [to the meeting], they talked about you're being — you said you're depressed ... 'When were you diagnosed?' I think it was the day before I had just gone to the doctor. I gave them the paper. They read everything.”).
. Id. at A49 ("I was at the Dover Behavioral Health Clinic being assessed and treated for sever depression. The past few months have been very difficult dealing with this illness and trying to perform the duties of my job in a satisfactory manner.”).
. D.I. 26 at B047.
. D.I. 25 at A176 (taken from the deposition of Felicia Duggins:
‘‘Q. After the meeting with Dr. Profitt and Mr. Fallís, did you make any other requests for accommodations?
A. No.”).
. Id. at A80 and A84.
. Id. at A179 (taken from the deposition of Felicia Duggins:
"Q. Would it be fair to say that is the same with respect to whether there was discrimination against you on account of your disability?
A. Do I have any proof? Correct. That would be fair to say, I don't have any proof.”).
. Id. at Al 13-15.
. Id. atA49-50.
. Id. at Ml.
. Id. at A74.
. Id. at M2.
. Schlifke, 479 F.Supp.2d at 452 (citing Conoshenti v. Pub. Serv. Elec. & Gas Co., 364 F.3d 135 (3d Cir. 2004)).
. D.I. 25 at 4.
. D.I. 26 at B060.
. Id. at B043.
. Burch v. WDAS AM/FM, Civ. A. No. 00-4852, 2002 WL 1471703, at *10, 2002 U.S. Dist. LEXIS 12290, at *33 (E.D.Pa. June 28, 2002) (emphasis added).
. Schlifke, 479 F.Supp.2d at 452 ('‘[PJlaintiff has failed to produce evidence to establish causation. It is true that there is close temporal proximity between plaintiff's taking maternity leave and her termination. However, timing alone will not give rise to an inference of retaliation. The court must examine the record as a whole in determining causation. Plaintiff argues that, upon learning that she was pregnant, her supervisor abandoned her. To support her claim of abandonment, she maintains that the store was not properly staffed and there was inadequate security. However, there is no evidence that defendant took, or failed to take, action because of plaintiff's pregnancy.”) (emphasis added) (internal citations omitted).
. Id.
. D.I. 25 at A179 (taken from the deposition of Felicia Duggins concerning FMLA retaliation:
"Q. I'm asking for proof with respect to you.-
A. I don't have any proof. I feel that way.”).
. Waldron v. SL Indus., 56 F.3d 491, 494 (3d Cir. 1995).
. McLean v. Communications Constr. Grp., LLC, 535 F.Supp.2d 485, 490 (D.Del. 2008).
. Aman v. Cort Furniture Rental Corp., 85 F.3d 1074, 1081 (3d Cir. 1996).
. D.I. 26 at B008-010.
. D.I. 25 at A77.
. D.I. 1 at A14.
. D.I. 25atA24.
. Id. at A152-57. Duggins claims her Assistant Principal was provided more help during Duggins' absence in FMLA leave, than Dug-gins received when that assistant was on maternity leave.
. D.I. 25atA87.
. Id. at A159-60.
. Id.
. Id. at A107 ("A white teacher smacked a kid. She's allowed to resign. It’s not right.”).
. Id. ("Security breach with the DSTP at the time, Delaware State Testing Program ... .Knocked us from being a high rate of school for two years during academic review. The coach was allowed — he was suspended for 30 days.).
. Id. at A24.
. Wilson v. Lock Haven Univ., 474 Fed.Appx. 74, 76 (3d Cir. 2012) (plaintiff’s comparison to other employees unsupported by record evidence is insufficient).
. Andrews v. City of Philadelphia, 895 F.2d 1469, 1484 (3d Cir. 1990).
. D.I. 26 at B023-30. An undated survey was performed by Kitty Rehrig, a District employee, showing a disproportionate treatment towards African-American students for subjective offenses.
. D.I. 25 at All 1.
. Id. at A114. The parent asked Duggins if she "would like it if [she] was called a nigger” and that she "sure seemed offended by that”.
. Id. at A120.
. Brooks v. CBS Radio, Inc., C.A. 07-0519, 2007 WL 4454312, at *11 (E.D.Pa. Dec. 17, 2007) (analyzing Cardenas v. Massey, 269 F.3d 251 (3d Cir. 2001) (holding that the district court erred by not analyzing the aggregate effects of claims)).
. As noted previously, a single incident involving a racial slur by an employee of the District is insufficient to support a claim of severe and pervasive discrimination.
. Moore v. City of Philadelphia, 461 F.3d 331, 340-41 (3d Cir. 2006).
. D.I. 26 at B060.
. Id.
. 42 U.S.C. § 1981a(a)(l), (a)(2), (b)(1), (precluding recovery for punitive damages from any government, government agency, or political subdivision for Title VII claims).
. Hightower v. Easton Area School Dist., 818 F.Supp.2d 860, f888 (E.D.Pa. 2011).
. Hodge v. Caterpillar, Inc., C.A. 91-0717, 1992 WL 98415, *3 (E.D.Pa. Apr. 30, 1992).
. Donlin v. Philips Lighting North Am. Corp., 581 F.3d 73, 82-83 (3d Cir. 2009) (any forward pay must be accompanied by a sufficient foundation of experience in the calculation of wages on the part of the plaintiff or by the more preferred method of expert witness testimony).
. Carey v. Piphus, 435 U.S. 247, 264, 98 S.Ct. 1042, 55 L.Ed.2d 252 (1978) (proof of an actual injury is necessary before recovery for emotional distress).
. D.I. 25 at A166.
. Id. at A165.
. Id.
. D.I. 25 at A166 (taken from the deposition of Felicia Duggins:
"Q. There is a reference in one of Dr. Kotak’s notes that’s dated May 11, 2005 that talks about a reference to stress regarding personal. Can you tell me about what was going on with you back in May of 2005 that would have been causing you stress?
A. No. I have no idea.
Q. No, you don't remember, or, no, you are not able to tell me or don’t want to tell me? I'm just trying to get clarification.
A. I don't want to tell you.”).
Reference
- Full Case Name
- Felicia R. DUGGINS v. APPOQUINIMINK SCHOOL DISTRICT
- Status
- Published