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Saulpaugh v. Monroe Community Hospital

Citations: 4 F.3d 134; 1993 U.S. App. LEXIS 22327; 62 Empl. Prac. Dec. (CCH) 42,540; 62 Fair Empl. Prac. Cas. (BNA) 1315Docket: Nos. 1687, 1827, Dockets 93-7122, 93-7204

Court: Court of Appeals for the Second Circuit; August 27, 1993; Federal Appellate Court

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Jeannette Saulpaugh appeals a judgment from the U.S. District Court for the Western District of New York, where the court found the defendants liable for sexual harassment and retaliatory discharge under Title VII of the Civil Rights Act of 1964 but limited the damages awarded. Saulpaugh contests the dismissal of her claims under 42 U.S.C. § 1983 and New York common law, as well as the district court's calculations regarding damages and attorneys' fees. Specifically, she argues that the court improperly excluded her disability salary from back pay, failed to account for lost retirement contributions, did not compound interest on her awarded damages, neglected to grant front pay, and inadequately adjusted attorney compensation hours and rates.

The defendants cross-appeal, disputing the finding of liability under Title VII. The appellate court affirms the district court's liability ruling but vacates the damages award, instructing recalculation with compounded interest. Additionally, the court reverses the dismissal of Saulpaugh's equal protection and due process claims under § 1983 and the New York common law claims, remanding for further proceedings. The court upholds the dismissal of Saulpaugh’s First Amendment claim regarding her termination. Saulpaugh, who worked as the Executive Housekeeper at Monroe Community Hospital, faced sexual harassment from her supervisor, Yvon Rosemond, leading to her termination for purported "unsatisfactory performance" after enduring nine months of harassment. Following her dismissal, a prospective employer rescinded a job offer based on information Rosemond provided, resulting in Saulpaugh securing a lower-paying job with reduced benefits. The lawsuit initiated by Saulpaugh and her husband included claims under Title VII, § 1983, and New York law.

On May 14, 1986, the U.S. District Court for the Western District of New York dismissed the Section 1983 claims against the defendants for failure to state a claim and severed the state claims. The court determined that Saulpaugh's equal protection claim was based on the same facts as her Title VII claim, thus rendering it impermissibly dependent on Title VII. Additionally, Saulpaugh did not establish a viable Section 1983 due process claim since the alleged abuses mirrored actions a private employer could take. With the dismissal of the federal claims, the court concluded that the New York common law claims would dominate and dismissed them without prejudice, allowing the Saulpaughs to file these claims in state court.

Following some discovery, both parties agreed to pause the process until the resolution of Saulpaugh’s civil service claim. On March 10, 1989, the Appellate Division affirmed that the defendants had unlawfully terminated Saulpaugh under New York Civil Service Law. Discovery resumed, leading to a bench trial in December 1992 regarding Saulpaugh’s Title VII claim. During the trial, Saulpaugh testified about the sexual harassment she experienced from her supervisor, Rosemond, starting on her first day of work. A significant incident on December 23, 1983, involved Rosemond inviting Saulpaugh to New York City and making inappropriate remarks about "open marriages" after she declined. Following her complaints, Rosemond retaliated against her by threatening her job security and criticizing her performance, despite her receiving commendations. Saulpaugh contended that various complaints about her performance were acts of retaliation by Rosemond, who also imposed unreasonable demands and denied her overtime requests. Ranaletta, Rosemond’s supervisor, was informed of these complaints and instructed Rosemond to stop his retaliatory practices.

Saulpaugh alleged that Rosemond threatened her after she complained about his conduct to Ranaletta, claiming that she would be fired for any wrongdoing. As their interactions grew hostile, personnel relations staff became involved. Rosemond denied sexually harassing Saulpaugh, framing the conflict as stemming from her poor performance. Despite ongoing complaints, Rosemond remained her supervisor and continued behavior Saulpaugh perceived as sexual harassment, including an incident where he placed his arm around her waist. Delores Wise, Saulpaugh's predecessor, testified about similar advances from Rosemond, noting that after rejecting him, she faced criticism of her work and chose not to report his behavior due to disbelief concerns.

The district court ruled in favor of Saulpaugh, finding violations of Title VII for sexual harassment and retaliation by Rosemond, and indicated that the Hospital and its executive, Diehl, failed to adequately investigate her claims. Saulpaugh was awarded $38,282.90 for lost wages from September 28, 1984, to January 1, 1988, with the court excluding post-disability wages and retirement contributions from the damages calculation. The awarded interest was set at 7.22% on a non-compound basis, and front pay was denied. In a March 16, 1993 decision, the court granted $85,304.88 in attorneys’ fees from a claimed $157,259.43, citing inadequate time entries and a lower hourly rate than the market rate. The court determined a reasonable rate of $110 per hour, adjusted for historical fees due to litigation delays. Saulpaugh is appealing the dismissal of her Section 1983 suit, the dismissal of her state claims, the damages calculation, and the attorneys’ fees calculation. The defendants are cross-appealing the district court's ruling in Saulpaugh’s favor on her Title VII claim.

Defendants challenge the district court's ruling in favor of Saulpaugh regarding her Title VII claims, arguing that the court erred in its findings. The Supreme Court's decision in St. Mary’s Honor Center v. Hicks clarified that merely demonstrating the falsity of an employer's justification does not establish liability under Title VII; plaintiffs must prove that the employer's actions were motivated by an impermissible motive. However, Saulpaugh presented substantial direct evidence indicating that she was fired by Rosemond in retaliation for her complaints about his sexual advances, which the district court found credible.

The court applied the McDonnell Douglas framework, determining that Saulpaugh established a prima facie case of retaliation by showing her participation in a protected activity, an adverse employment action, and a causal link between the two. Although defendants claimed her dismissal was due to poor performance, the court found this justification to be pretextual, supported by evidence that Saulpaugh performed well as Executive Housekeeper. The district court's judgment was not clearly erroneous, as it considered Saulpaugh's testimony and corroborating evidence from a former colleague, which further substantiated her claims. Consequently, Saulpaugh met her burden of proving retaliatory discharge, avoiding potential vacatur of the judgment under Hicks.

Justice Scalia's interpretation of Hicks clarifies that the established legal framework maintains the plaintiff's ultimate burden of proof in Title VII cases, despite shifting burdens of production. After a plaintiff establishes a prima facie case, the defendant must provide a non-discriminatory reason for their actions. If the defendant fails to meet this burden, the court may direct a verdict for the plaintiff. Conversely, if the defendant successfully provides a rationale, the case's focus shifts to whether the plaintiff has proven discriminatory intent by a preponderance of the evidence. Scalia notes that a plaintiff may substantiate their claim by demonstrating the falsity of the defendant's reasons alongside evidence of discriminatory intent. In the case of Saulpaugh, the plaintiff presented both direct evidence of discriminatory intent and proof that the defendants’ explanations were false, justifying the district court's finding in her favor. The court also correctly applied the legal standards for Saulpaugh's "quid pro quo" sexual harassment claim, determining she was denied a job benefit due to rejecting a supervisor’s advances, thereby holding the employer liable. The defendants' request for the court to reassess the factual determinations made at trial was denied. Furthermore, Saulpaugh contended that her Title VII and Section 1983 claims were distinct, but the district court ruled that Title VII provided her exclusive remedy based on precedents, specifically citing Day v. Wayne County Bd. of Auditors.

Saulpaugh asserts her Section 1983 claims are based on violations of her First Amendment rights, the Equal Protection Clause, and the Due Process Clause of the Fourteenth Amendment, rather than Title VII. The court recognizes that a Section 1983 claim can coexist with a Title VII claim if it is based on substantive rights outside Title VII's protections. However, Saulpaugh's First Amendment claim fails because her complaints were deemed personal rather than matters of public concern, as established in Connick v. Myers. In contrast, her Equal Protection Clause claim is valid regarding allegations of a hostile work environment due to sexual harassment, which constitutes gender-based disparate treatment actionable under Section 1983. Additionally, Saulpaugh's claims of deprivation of property and liberty interests without due process are sufficient to survive dismissal. Although her termination occurred prior to the Supreme Court’s decision in Cleveland Bd. of Ed. v. Loudermill, the question of whether her probationary status conferred a property interest will be addressed by the district court. The status of her liberty interest remains ambiguous due to insufficient details in her complaint regarding performance-related comments made to future employers.

In Paul v. Davis, the court clarified that public employees can only claim violations of their liberty interest related to defamation occurring during employment termination. If defamatory statements were made after Saulpaugh’s termination, they would only constitute a state law tort, not a constitutional violation. The court vacated the district court’s dismissal of Saulpaugh’s claim and remanded for further evaluation of potential Due Process violations. 

Regarding state claims, the district court had dismissed them due to the dismissal of Section 1983 claims; however, with the reinstatement of those claims, the court found it proper to reinstate the state claims as well, while noting that collateral estoppel and res judicata could still be relevant.

Saulpaugh contested the district court's calculation of her Title VII damages on several grounds: exclusion of salary during her disability, exclusion of lost retirement contributions, failure to compound interest, and denial of front pay. Normally, back pay includes lost salary and benefits due to discrimination. The district court excluded salary differences post-1988 because Saulpaugh was disabled and could not work. Saulpaugh argued the Hospital should bear the risk of her injury, but her losses after 1988 weren’t directly caused by the discrimination. Retirement benefits were also excluded since they hadn't vested before her disability.

The court noted that Title VII allows for pre-judgment interest on back pay to prevent employers from benefiting from delayed payments. It emphasized that failing to compound interest effectively denied Saulpaugh full compensation, suggesting the district court's approach was an abuse of discretion. On remand, the district court may deny interest for specific years if delays were attributed to Saulpaugh’s actions.

The district court did not abuse its discretion in denying Saulpaugh front pay, as it found that the awarded back pay sufficiently compensated her. Saulpaugh contested the district court's calculation of attorneys’ fees, which awarded $85,304.88 from her claimed $157,259.43. The court adjusted the hours expended and the hourly rate, determining that some time entries were inadequate and that some hours were not reasonably spent on her case. The court's factual determinations regarding the hours claimed were deemed reasonable. The court used a lower hourly rate of $110, despite evidence suggesting a higher market rate, basing this decision on the retainer agreement of $80 and historical average fees, to avoid granting a windfall due to the lengthy litigation. The court affirmed the finding of liability under Title VII but vacated the damages award, instructing recalculation with a compound interest rate. It reversed the dismissal of Saulpaugh’s equal protection and due process claims under 42 U.S.C. § 1983 and her New York common law claims, remanding for further deliberation, while affirming the dismissal of her First Amendment claim under Section 1983. The concept of a prima facie case was defined, emphasizing the need for sufficient evidence to advance a plaintiff's claims.