Plaintiff Georgette Sherman sued defendant Dennis R. McDonough, Secretary of the Department of Veteran Affairs, in the United States District Court for the Western District of Missouri raising claims of race and sex discrimination, hostile work environment, retaliation, and constructive discharge. The defendant moved for summary judgment.
Statement of Undisputed Facts
Georgette Sherman, an African American woman, began working at the Kansas City VA Medical Center in 2005. In September 2018, she became the Supervisory Medical Support Assistant in the Office of Community Care. Throughout 2019 and 2020, Sherman’s supervisor Angela Frey raised concerns about Sherman’s job performance and placed her on a Performance Plan. In February 2020, Sherman was temporarily transferred out of her position while a fact-finding investigation was initiated into alleged misconduct. Around August 2020, Sherman applied for and was placed in an inventory manager position, which she held until her retirement in September 2021.
Legal Analysis
Failure to Exhaust Administrative Remedies for Constructive Discharge Claims: The court held that Sherman failed to administratively exhaust her constructive discharge claims because she did not raise these claims, or anything reasonably related to them, during the administrative process. Even if Sherman had properly exhausted these claims, the court found they would fail on the merits because the evidence did not show that Sherman’s working conditions were so intolerable that she was forced to quit.
Insufficient Evidence of Sex-Based Discrimination or Harassment: The court held that Sherman’s claims for discrimination or harassment based on her sex fail because she cited no evidence suggesting that sex had anything to do with her treatment at the KCVA.
Failure to Establish Prima Facie Case of Race Discrimination or Retaliation: Applying the McDonnell Douglas burden-shifting framework, the court found that Sherman could not establish a prima facie case of race discrimination or retaliation. Sherman failed to identify a sufficient adverse employment action or provide evidence that the circumstances gave rise to an inference of discrimination or retaliation based on her race.
Insufficient Evidence of a Hostile Work Environment: The court held that there was insufficient evidence to support Sherman’s hostile work environment claim. The few offensive comments Sherman cited fell short of creating a workplace permeated with discriminatory intimidation, ridicule, and insult that was sufficiently severe or pervasive to alter the conditions of her employment. The court granted Defendant’s motion for summary judgment.
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