Shoap v. City of Crossville

321 F. Supp. 3d 839 (2018) United States District Court for the Middle District of Tennessee 2018-07-23

civil; ADEA age discrimination and retaliation; employer motion for summary judgment granted on the federal (Title VII and ADEA) claims by MD Tenn; plaintiff resigned and claimed constructive discharge (result: claimant-lost)

Facts

  1. 3 Hiring discharge or employment terms not no-evidence
    Shoap has filed an Affidavit stating that the conditions were "so intolerable" for him as of June 30, 2016, that he could not continue working.
  2. 3 Hiring discharge or employment terms not no-evidence
    To establish a constructive discharge, Shoap must present evidence showing 1) that Crossville "deliberately create[d] intolerable working conditions, as perceived by a reasonable person, and 2) [Crossville] did so 'with the intention of forcing [him] to quit.... ' "
  3. 3 Hiring discharge or employment terms not no-evidence
    Shoap resigned minutes after finding out Rosser was also under consideration for the permanent Police Chief position.
  4. 3 Hiring discharge or employment terms not no-evidence
    Shoap can only point to minor hassles, delays with the decision-making process for the permanent position, and several incidents with Kerley, who was not Shoap's supervisor/employer.
  5. 3 Hiring discharge or employment terms not no-evidence
    Finally, none of the seven tell-tale scenarios described by the Sixth Circuit occurred here; the day Shoap resigned he was in the same stead as the day he started.
  6. 3 Hiring discharge or employment terms not no-evidence
    As discussed above, (1) there was no adverse employment action here and (2) Shoap has not established a question of fact as to whether he was constructively discharged. Crossville is therefore entitled to summary judgment on Shoap's ADEA discrimination claim.
  7. 10 Judicial material-adversity standard for retaliation not no-evidence
    Later that day, Shoap resigned.
  8. 10 Judicial material-adversity standard for retaliation not no-evidence
    Prior to the resignation, Hill did not fire Shoap or say he was going to fire Shoap.
  9. 10 Judicial material-adversity standard for retaliation not no-evidence
    Shoap was not subjected to discipline by Crossville at any time.
  10. 10 Judicial material-adversity standard for retaliation not no-evidence
    Crossville is therefore entitled to summary judgment on Shoap's ADEA retaliation claim.