United States District Court for the Middle District of North Carolina · 1985-03-12
Case and law context
Role: applied; posture: civil; bench trial, findings of fact and conclusions of law; two white professors v. predominantly black college (Title VII and 42 U.S.C. 1981 discharge claims, plus 2000e-3 retaliation); result: claimant-lost; claim: (a)
Instances and excluded annotation blocks
| Case | Element | Holding and scope | Variant | Exact source quotations |
|---|---|---|---|---|
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Adverse employment action affecting compensation, terms, conditions, privileges, or status | satisfied Counted merits instance applied / merits basis: conceded; claim: (a) | discharge/non-renewal-of-untenured-faculty | 18. Less than one week later, on May 1, 1981, Turner received notice that he would not be rehired.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [7340:7438] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.32. On May 1,1981, Goetzman was notified that he would not be rehired.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [12255:12325] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Discriminatory causation ("because of" protected trait) | not Counted merits instance applied / merits basis: proved; claim: (a) Replacement by cheaper, less-qualified black and Asian hires and departures from AAUP/SACS procedure did not support an inference of race: the hostility traced to the 1978-79 contract/union dispute. | animus/professional-and-philosophical-conflict-with-administration | Buggs is less qualified than Turner, having only an M.S. degree, but she worked for only $11,800.00; Turner had earned $17,000.00 his last year at BSC, and claims that with salary increments he would have earned $19,000.00 had he been rehired. Buggs is black.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [7710:7969] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Although the percentage of white faculty members was smaller, it should be noted that two new whites were hired after Turner and Goetzman were fired.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [14757:14906] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.The administration saw the efforts of Turner and Goetzman as disruptive and counterproductive; they were making waves in already troubled waters.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [22449:22594] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.If certain other faculty members were treated differently, if some received extra assignments and as a corollary slightly more pay, it was due to their being more philosophically aligned with the administration.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [25354:25565] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.It is for the Court to determine whether the wedge driven between the two white professors and the predominantly black school was one of racial animus. The Court concludes that it was not.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [24596:24784] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Therefore, it is concluded that plaintiffs have failed to establish a prima facie case of racial discrimination.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [25971:26083] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Covered entity: employer, employment agency, or labor organization | satisfied Counted merits instance applied / merits basis: proved; claim: (a); party: Barber-Scotia College; subject: party=Barber-Scotia College | private-employer/church-owned-college | Defendant Barber-Scotia College (BSC) is an institution of higher learning and is an employer within the meaning of Title VII of the Civil Rights Act of 1964.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [1156:1314] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Employer's legitimate, nondiscriminatory reason (McDonnell Douglas step 2) | satisfied Excluded from merits counts applied / alternative basis: proved; claim: (a) Made "assuming arguendo" a prima facie case. | burden-of-production/subjective-lack-of-institutional-fit | Turner and Goetzman, she contends, failed to serve as integral parts of that community effort after the aborted union drive.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [21390:21514] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.The Court concludes, however, that considering BSC’s unique situation and perspective, the reasons it has articulated are legitimate and have rebutted any inference of discrimination.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [29006:29189] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Pretext for discrimination (McDonnell Douglas step 3) | not Excluded from merits counts applied / alternative basis: proved; claim: (a) Court finds some stated reasons untrue or exaggerated (financial exigency told to EEOC; conduct allegations) yet no pretext FOR RACE -- the Hicks pattern before Hicks. Every captured fact supports falsity; the element fails on the second limb (racial motive), for which the facts sit under because-of. | falsity-alone/exaggerated-or-shifting-reasons-but-nonracial-animus | It is relevant, however, that on July 24, 1981, in response to the EEOC’s request for information, BSC stated that Turner was fired for financial exigency and discontinuance of major, and Goetzman was fired for financial exigency.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [13613:13843] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Therefore, BSC was not financially exigent in the sense that its financial survival required the firings, although the school’s financial situation is difficult.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [14377:14538] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Also, contrary to BSC’s claims, Goetzman was not responsible for the failure of the school newspaper, he did not refuse to serve in the communications lab or on the special recruitment committee, and he was never paid full-time wages for a part-time courseload.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [11288:11549] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Plaintiff’s evidence must support with “substantial” or “reasonable probability,” as distinguished from “possibility” or “speculation,” plaintiff's contention that defendant’s explanation is pretextual.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [18070:18272] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Plaintiffs, on the other hand, have failed to show that the reasons articulated for the firings were pretextual and that racial animus motivated the decision.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [29190:29348] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.And while there was animus between the school and the two professors, its roots were professional and philosophical.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [29546:29662] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Protected trait: race, color, religion, sex (including pregnancy/abortion), or national origin | satisfied Counted merits instance applied / merits basis: law; claim: (a) | race/white-employee-of-predominantly-black-institution | 3. Plaintiff Albert Turner is a white male who is currently a resident of Houston, Texas. Turner was employed on the faculty of BSC from August 20, 1973, until May 1, 1981.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [1848:2020] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.4. Plaintiff Robert Goetzman is a white male who is currently a resident of St. Louis, Missouri. Goetzman was employed on the faculty of BSC from August 30, 1973, until May 1, 1981.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [2021:2202] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.BSC is a predominantly black private school located in Concord, North Carolina, and is owned by the United Presbyterian Church, U.S.A.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [1315:1449] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Analyzing the proof in the subject case according to this scheme, plaintiffs fall within a protected racial class.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [19565:19679] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Qualified for the position / meeting legitimate employer expectations | not Counted merits instance applied / merits basis: proved; claim: (a) Credentials were "outstanding"; the element fails on the performance/expectations limb, defined by the employer's sincere but subjective view that the professors no longer served its community mission. Court calls this the hardest question in the case. The third fact is mixed: its first sentence (criticisms not objectively proved) supports the element, its second (the president's conviction was sincere) is what the court relies on; tagged by the court's use. | legitimate-expectations/subjective-institutional-fit-after-labor-dispute | For years Turner and Goetzman were two of the top professors at BSC. Their credentials relative to the other faculty members were outstanding, and they earned the respect and admiration of students, faculty, and administration.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [20104:20331] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Because of these and other tensions between administration and faculty, Turner and Goetzman became deeply involved in attempts to unionize the BSC faculty. The attempt failed, and thereafter relations between the two professors and the administration were strained.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [20671:20936] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.At trial BSC failed to prove by objective evidence that these criticisms were well founded. However, at least as concerned President McLean, the conviction that Turner and Goetzman were not fulfilling their proper roles in the BSC community was sincere, even if highly subjective.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [22989:23269] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.It is clear that after the contract and labor disputes of 1978-1979, Turner and Goetzman became aloof from that community and diverted from that goal.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [24296:24446] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Although both were clearly well qualified for the job, a question arises whether near the end of their tenures (used in the nontechnical sense of the word) at BSC, Turner and Goetzman were performing satisfactorily according to the legitimate expectations of BSC.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [19779:20042] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.In determining whether Turner and Goetzman were satisfying BSC’s legitimate expectations, the Court is constrained to give great credence to President McLean’s articulation of what those expectations are.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [23828:24032] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Thus, the Court is unable to conclude that, at the time they were fired, Turner and Goetzman were fulfilling the legitimate expectations of BSC, and is unable to infer from the evidence that race was a determining factor in the decision to discharge them.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [25715:25970] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Retaliation for protected Title VII activity (42 U.S.C. § 2000e-3(a)) | not Counted merits instance applied / merits basis: proved; claim: (a) Knowledge plus close timing (charges Oct 1980, non-renewal May 1981) held insufficient where the conflict predated the charges. | causal-link/discharge-soon-after-eeoc-charge-amid-preexisting-conflict | 13. On October 21, 1980, Turner filed charges with the Equal Employment Opportunity Commission (EEOC) claiming that he had been discriminated against in terms of salary and other conditions of employment because of his race.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [5500:5724] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.39. The senior administrators at BSC were aware that Turner and Goetzman had filed charges with the EEOC before Turner and Goetzman were discharged.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [15388:15536] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Goetzman’s problems with requisitions and departmental assignment were a result of poor communication among the BSC administration and possibly personal animus, but not retaliation for earlier charges.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [26741:26942] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Although the firings followed closely on the heels of the bringing of charges, plaintiffs have failed to prove a causal connection.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [26609:26740] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.The EEOC charges came in the midst of a larger and more profound controversy, and though they may have added to the growing sense that Turner and Goetzman were troublemakers and not to be trusted, plaintiffs failed to prove that the filing of the charges was the cause of the school’s actions.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [26943:27236] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
| /f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985 | Protected opposition or participation activity under 42 U.S.C. § 2000e-3(a) | not Counted merits instance applied / merits basis: law; claim: (a); theory: opposition clause, based on the 1978-79 contract dispute and union drive; subject: theory=opposition clause, based on the 1978-79 contract dispute and union drive The union activity itself is found as fact (hence [supports]: it is the activity relied on); it fails because, as a matter of law, labor activity not directed at racial practices is not Title VII opposition. | protected-activity/union-organizing-not-directed-at-discrimination | 9. During this period, certain of the faculty attempted to unionize the faculty members. Turner was active in the attempt, which failed.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [3574:3710] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.While it is true that after the labor dispute BSC’s attitude toward plaintiffs began to change, the labor activity was not in response to racial policies. Thus, it was not the type of protected activity contemplated within a Title VII or § 1981 retaliation claim, and Grant is inapposite.Source: docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [27953:28241] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8. |
Court interpretations recorded from this case
interpretation
Although both were clearly well qualified for the job, a question arises whether near the end of their tenures (used in the nontechnical sense of the word) at BSC, Turner and Goetzman were performing satisfactorily according to the legitimate expectations of BSC.
/f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985
Although both were clearly well qualified for the job, a question arises whether near the end of their tenures (used in the nontechnical sense of the word) at BSC, Turner and Goetzman were performing satisfactorily according to the legitimate expectations of BSC.Source:
docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [19779:20042] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Doctrinal element from McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973)), ruling out lack of baseline job qualification as the most common non-discriminatory reason for non-selection or discharge.
interpretation
In determining whether Turner and Goetzman were satisfying BSC’s legitimate expectations, the Court is constrained to give great credence to President McLean’s articulation of what those expectations are.
/f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985
In determining whether Turner and Goetzman were satisfying BSC’s legitimate expectations, the Court is constrained to give great credence to President McLean’s articulation of what those expectations are.Source:
docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [23828:24032] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Doctrinal element from McDonnell Douglas Corp. v. Green (411 U.S. 792, 802 (1973)), ruling out lack of baseline job qualification as the most common non-discriminatory reason for non-selection or discharge.
interpretation
Plaintiff’s evidence must support with “substantial” or “reasonable probability,” as distinguished from “possibility” or “speculation,” plaintiff's contention that defendant’s explanation is pretextual.
/f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985
Plaintiff’s evidence must support with “substantial” or “reasonable probability,” as distinguished from “possibility” or “speculation,” plaintiff's contention that defendant’s explanation is pretextual.Source:
docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [18070:18272] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.McDonnell Douglas step 3: plaintiff shows that the employer's proffered reason is false / unworthy of credence, permitting (though not compelling) the factfinder to infer intentional discrimination.
interpretation
In their brief plaintiffs claim that to prove retaliatory discrimination under Title VII and § 1981 they must show as one element a “protected opposition to employment practices or participation in charges of discrimination known by defendant.”
/f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985
In their brief plaintiffs claim that to prove retaliatory discrimination under Title VII and § 1981 they must show as one element a “protected opposition to employment practices or participation in charges of discrimination known by defendant.”Source:
docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [27237:27481] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Protected opposition or participation under § 2000e-3(a); general labor or workplace grievances unrelated to a Title VII protected trait do not qualify as protected activity.
interpretation
the labor activity was not in response to racial policies. Thus, it was not the type of protected activity contemplated within a Title VII or § 1981 retaliation claim, and Grant is inapposite.
/f-supp/604/1450-01 — United States District Court for the Middle District of North Carolina · 1985
the labor activity was not in response to racial policies. Thus, it was not the type of protected activity contemplated within a Title VII or § 1981 retaliation claim, and Grant is inapposite.Source:
docroot/ir/caselaw/f_supp_604.jsonl#/f-supp/604/1450-01; Unicode character offsets [28049:28241] (end exclusive); SHA-256 43ff772c2e3fbfe3210fd8995743b1d10c89d6d34fc9ed5d5ad773f37cb94da8.Protected opposition or participation under § 2000e-3(a); general labor or workplace grievances unrelated to a Title VII protected trait do not qualify as protected activity.