65 Fair empl.prac.cas. (Bna) 702, 65 Empl. Prac. Dec. P 43,256 Karen L. Johnson & Leola B. Frierson v. United States Dep't of Health & Human Servs., 30 F.3d 45 (6th Cir. 1994). · Go Syfert
65 Fair empl.prac.cas. (Bna) 702, 65 Empl. Prac. Dec. P 43,256 Karen L. Johnson & Leola B. Frierson v. United States Dep't of Health & Human Servs., 30 F.3d 45 (6th Cir. 1994). Cases Citing This Book View Copy Cite
93 citation events (50 in the last 25 years) across 11 distinct courts.
Strongest positive: Middleton v. Lexington Fayette County Urban Government (kyed, 2022-11-28)
Treatment trajectory · 1994 → 2026 · click a year to view as-of
1994 2010 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (rule) Middleton v. Lexington Fayette County Urban Government
E.D. Ky. · 2022 · confidence medium
LEXIS 387 , at *17-18 (Ky. Ct. App. June 12, 2009). “[A] prima facie case is established when: (1) plaintiff identifies a specific employment practice to be challenged; and (2) through relevant statistical analysis proves that the challenged practice has an adverse impact on a protected group.” Johnson v. United States Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir. 1994).
discussed Cited as authority (rule) Varner v. General Motors LLC
M.D. Tenn. · 2022 · confidence medium
A. Title VII and THRA Discrimination – Disparate Impact “A plaintiff establishes a prima facie case of disparate impact when ‘(1) plaintiff identifies a specific employment practice to be challenged; and (2) through relevant statistical analysis proves that the challenged practice has an adverse impact on a protected group.’” E.E.O.C. v. Peoplemark, Inc., 732 F.3d 584, 591 (6th Cir. 2013) (quoting Johnson v. U.S. Dep't of Health and Human Servs., 30 F.3d 45, 48 (6th Cir. 1994)).
examined Cited as authority (rule) Equal Employment Opportunity Commission v. Peoplemark, Inc. (6×) also: Cited "see"
6th Cir. · 2013 · confidence medium
A plaintiff establishes a prima facie case of disparate impact when “(1) plaintiff identifies a specific employment practice to be challenged; and (2) through relevant statistical analysis proves that the challenged practice has an adverse impact on a protected group.” Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994).
discussed Cited as authority (rule) Grant v. Metropolitan Government of Nashville
M.D. Tenn. · 2010 · confidence medium
“A prima face case is established when: (1) the plaintiff identifies a specific employment practice to be challenged; and (2) through relevant statistical analysis proves that the challenged practice has an adverse impact on a protected group.” Dunlap v. T.V.A., 519 F.3d 626, 629 (6th Cir.2008) citing Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994) (citing Scales v. J.C.
discussed Cited as authority (rule) FAIR HOUSING OPPORTUNITIES OF NORTHWEST OHIO v. American Family Mutual Insurance Company
N.D. Ohio · 2010 · confidence medium
See Isabel v. City of Memphis, 404 F.3d 404, 411 (6th Cir.2005) (a prima facie case is established when plaintiff “through relevant statistical evidence proves that the challenged practice has an adverse impact on a protected group”); Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994) (sustaining district court’s dismissal of disparate impact claim because plaintiffs did not provide a “meaningful statistical analysis”).
discussed Cited as authority (rule) Longs v. Ford Motor Co.
W.D. Tenn. · 2009 · confidence medium
Disparate Impact Claim To establish a prima facie case of discrimination under a disparate impact theory, the plaintiff must (1) identify “a specific employment practice to be challenged; and (2) through relevant statistical analysis prove[ ] that the challenged practice has an adverse impact on a protected group.” Isabel v. City of Memphis, 404 F.3d 404, 411 (6th Cir.2005). 12 The “relevant statistical analysis” requirement is not limited to any particular type or method, Isabel, 404 F.3d at 411 -412 (quoting Johnson v. U.S. Dept. of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.19…
cited Cited as authority (rule) Phillips v. Sec Dept Defense
6th Cir. · 2009 · confidence medium
Id. (citing Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994)).
cited Cited as authority (rule) Joe Oakley v. City of Memphis
6th Cir. · 2008 · confidence medium
Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994) (citing Scales v. J.C.
cited Cited as authority (rule) Dunlap v. Tennessee Valley Authority
6th Cir. · 2008 · confidence medium
Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994) (citing Scales v. J.C.
discussed Cited as authority (rule) Dixon v. Gonzalez
E.D. Mich. · 2005 · confidence medium
Title VII Retaliation Standard The elements of a prima facie case of retaliation include: “(1) that [the plaintiff] engaged in a protected activity; (2) that this was known by the defendant; (3) that the defendant took an employment action adverse to the plaintiff; and (4) that there was a causal connection between the protected activity and the adverse employment action.” Johnson v. U.S. Dept. of Health and Human Serv., 30 F.3d 45, 47 (6th Cir.1994).
cited Cited as authority (rule) Isabel v. City Of Memphis
6th Cir. · 2005 · confidence medium
Johnson v. U.S. Dept. of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994) (citing Scales v. J.C.
discussed Cited as authority (rule) Isabel v. City of Memphis (2×)
6th Cir. · 2005 · confidence medium
Johnson v. U.S. Dept. of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994) (citing Scales v. J.C.
discussed Cited as authority (rule) Willoughby v. Allstate Insurance
6th Cir. · 2004 · confidence medium
To prove retaliation, Willoughby must demonstrate that: (1) he was engaged in protected activity; (2) he was subject to an adverse employment action; and (3) there was a causal link between the protected activity and the adverse employment action. 2 Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 47 (6th Cir.1994).
discussed Cited as authority (rule) Joanne Hedrick v. Western Reserve Care System and Forum Health
6th Cir. · 2004 · confidence medium
Johnson v. United States Dep’t of Health and Human Servs., 30 F.3d 45, 47-48 (6th Cir.1994); see Mitchell, 964 F.2d at 584 (holding that the plaintiffs subjective skepticism regarding the truth of an employer’s representation does not raise a triable issue as to pretext).
discussed Cited as authority (rule) Hedrick v. Western Rsrv
6th Cir. · 2004 · confidence medium
Johnson v. United States Dep’t of Accordingly, for the reasons set forth above, we AFFIRM Health and Human Servs., 30 F.3d 45, 47-48 (6th Cir. 1994); the district court’s grant of summary judgment for WRCS see Mitchell, 964 F.2d at 584 (holding that the plaintiff’s in toto.
cited Cited as authority (rule) Glass v. Broadway Electric Service, Inc.
6th Cir. · 2003 · confidence medium
Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 514-15 , 113 S.Ct. 2742 , 125 L.Ed.2d 407 (1993); Johnson v. United States Dep’t of Health and Human Servs., 30 F.3d 45, 47-48 (6th Cir.1994).
discussed Cited as authority (rule) Cook v. Caldera
6th Cir. · 2002 · confidence medium
To prove a prima facie case of retaliation under Title VII, a plaintiff must demonstrate “(1) that [he] was engaged in [an] activity protected under Title VII; (2) that [he] was the subject of an adverse employment action, and (3) that there is a causal link between the protected activity and the adverse employment action.” Johnson v. United States Dept. of Health and Human Svcs., 30 F.3d 45, 47 (6th Cir.1994).
discussed Cited as authority (rule) Gliatta v. Tectum, Inc. (2×) also: Cited "see"
S.D. Ohio · 2002 · confidence medium
Johnson, 30 F.3d at 47.
discussed Cited as authority (rule) Moorer v. Copley Township (2×)
N.D. Ohio · 2000 · confidence medium
Johnson, supra, at 47.
discussed Cited as authority (rule) Jamison v. Collins
S.D. Ohio · 1998 · confidence medium
See El Paso Natural Gas Co., 376 U.S. at 656-57 , 84 S.Ct. 1044 (criticizing but stating the trial court’s adoption of the findings of fact and conclusions of law of the successful party will not be rejected if the findings are supported by the record); Johnson v. United States Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994) (Spiegel, J. sitting by designation) (holding that it is not an abuse of discretion for the district court to adopt one of the party’s proposed findings of fact and conclusions of law).
cited Cited as authority (rule) Burns v. Republic Savings Bank
N.D. Ohio · 1998 · confidence medium
Johnson v. United States Dep’t of Health and Human Serv., 30 F.3d 45, 47 (6th Cir.1994).
discussed Cited as authority (rule) Hansen v. Vanderbilt University
M.D. Tenn. · 1997 · confidence medium
In addition to other proscriptions, the ADEA specifically prohibits employeis from retaliating against employees who have filed charges with the EEOC alleging discrimination. 5 Johnson v. U.S. Dept. of Health and Human Serv., 30 F.3d 45, 47 (6th Cir.1994).
cited Cited as authority (rule) Gail H. Grauer v. Federal Express Corporation
6th Cir. · 1996 · confidence medium
Johnson v. United States Dep't of Health and Human Servs., 30 F.3d 45, 47-48 (6th Cir.1994).
discussed Cited "see" Alan Blosser v. AK Steel Corporation
6th Cir. · 2013 · signal: see · confidence high
See Johnson v. United States Dep’t of Health & Human Servs., 30 F.3d 45 , 47 (6th Cir.1994) (citing Tex. Dep’t of Cmty. Affairs v. Burdine, 450 U.S. 248, 252 , 101 S.Ct. 1089 , 67 L.Ed.2d 207 (1981)).
discussed Cited "see" Claude Grant v. Metropolitan Gov't of Nashville (2×)
6th Cir. · 2011 · signal: see · confidence high
See Johnson v. U.S. Dep’t of Health and Human Servs., 30 F.3d 45, 48 (6th Cir. 1994) (holding that the district court’s view of the sufficiency of statistical evidence is reviewed for clear error).
discussed Cited "see" Johnson v. Box USA Group, Inc.
W.D. Ky. · 2002 · signal: see · confidence high
See Johnson v. United States Dep’t of Health & Human Servs., 30 F.3d 45 , 47-48 (6th Cir.1994) (affirming summary judgment where *742 plaintiff “failed to submit any evidence besides her own subjective testimony that she was more qualified for the job than the selectee.”) B.
cited Cited "see" Selim v. Michigan Jobs Commission
6th Cir. · 2001 · signal: see · confidence high
See Johnson v. United States Dep’t of Health and Human Servs., 30 F.3d 45, 47-48 (6th Cir.1994).
cited Cited "see" Johnnie Wade v. Knoxville Utilities Board
6th Cir. · 2001 · signal: see · confidence high
See Johnson v. Dep’t of Health and Human Servs., 30 F.3d 45, 47 (6th Cir.1994).
cited Cited "see" Hollowell v. Michigan Consolidated Gas Co.
E.D. Mich. · 1999 · signal: see · confidence high
See Johnson v. Department of Health and Human Servs., 30 F.3d 45 , 47 (6th Cir.1994).
discussed Cited "see" Carol A. Jacklyn Roger Jacklyn v. Schering-Plough Healthcare Products Sales Corporation
6th Cir. · 1999 · signal: see · confidence high
See Johnson v. Department of H.H.S., 30 F.3d 45 , 47 (6th Cir.1994). *930 As the district court found, neither requiring plaintiff to work at home while she was recovering from out-patient surgery, nor rejecting computer expenses that previously had been approved, were materially adverse employment actions.
cited Cited "see" Herendeen v. Michigan State Police
W.D. Mich. · 1999 · signal: see · confidence high
See Johnson v. United States Dep’t of Health & Human Servs., 30 F.3d 45 , 47 (6th Cir.1994); EEOC v. Ohio Edison Co., 7 F.3d 541, 543 (6th Cir.1993).
examined Cited "see" William C. Lewis v. Acb Business Services, Inc., (96-3093/3498), American Express Travel Related Services Company, Inc. James P. Connors, (96-3498) (4×)
6th Cir. · 1998 · signal: see · confidence high
See Johnson v. United States Dep’t of Health and Human Servs., 30 F.3d 45, 47 (6th Cir. 1994).
examined Cited "see" Buck v. Fries & Fries, Inc. (4×)
S.D. Ohio · 1996 · signal: see · confidence high
See Johnson v. Department of Health and Human Serv., 30 F.3d 45, 47 (6th Cir.1994) (setting forth the retaliation standard in a race and gender discrimination case); Patterson v. City of Seattle, 1996 WL 528267, *3 (9th Cir.) (unpublished opinion) (applying the same standard in an ADA retaliation case).
cited Cited "see" Khalifa v. Crowell
6th Cir. · 1996 · signal: see · confidence high
See Johnson, 30 F.3d at 47. 11 Mr. Khalifa argues first that the court did not address this issue.
cited Cited "see" Walter L. Carter v. Nkc of America, Inc.
6th Cir. · 1996 · signal: see · confidence high
See Johnson v. United States Dep't of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994).
discussed Cited "see" Orsini v. East Detroit Public Schools
6th Cir. · 1995 · signal: see · confidence high
See Johnson v. United States Dept. of Health and Human Servs., 30 F.3d 45, 48-49 (6th Cir.1994) (insufficient to offer own subjective testimony that plaintiff more qualified for the job that the selectee). 18 AFFIRMED. 1 In ADEA cases, the time period for filing may extend to 300 days if the alleged unlawful practice occurs in a "deferral state," 29 U.S.C.
cited Cited "see" Dugan v. Pennsylvania Millers Mutual Insurance
M.D. Penn. · 1994 · signal: see · confidence high
See Johnson v. U.S. Dept. of Health and Human Services, 30 F.3d 45 , 48 (6th Cir.1994), citations omitted; Newark Branch, NAACP v. Town of Harrision, 940 F.2d 792 , 798 (3d Cir.1991).
cited Cited "see, e.g." Delozier v. Bradley County Board of Education
E.D. Tenn. · 2014 · signal: see also · confidence low
Burdine, 450 U.S. at 252-53 , 101 S.Ct. 1089 ; see also Johnson v. U.S. Dep’t of Health & Human Servs., 30 F.3d 45 , 47 (6th Cir.1994).
cited Cited "see, e.g." Peace v. Wellington
6th Cir. · 2006 · signal: see also · confidence medium
Bradford and Co., 925 F.2d 901, 908 (6th Cir.1991)); see also Johnson v. U.S. Dept. of Health and Human Servs., 30 F.3d 45, 48 (6th Cir.1994).
discussed Cited "see, e.g." Donald G. Wexler v. White's Fine Furniture, Inc. (2×)
6th Cir. · 2003 · signal: see, e.g. · confidence low
See, e.g., Johnson v. United States Dept. of Health and Human Services, 30 F.3d 45 , 47 (6th Cir.1994); O'Shea v. Detroit News, 887 F.2d 683 , 687-88 (6th Cir. 1989); Wrenn v. Gould, 808 F.2d 493, 502 (6th Cir.1987).
discussed Cited "see, e.g." Donald G. Wexler v. White's Fine Furniture, Inc. (2×)
6th Cir. · 2001 · signal: see, e.g. · confidence low
See, e.g., Johnson v. United States Dept. of Health and Human Services, 30 F.3d 45 , 47 (6th Cir. 1994); O'Shea v. Detroit News, 887 F.2d 683 , 687-88 (6th Cir. 1989); Wrenn v. Gould, 808 F.2d 493, 502 (6th Cir. 1987).
Retrieving the full opinion text from the archive…
65 Fair empl.prac.cas. (Bna) 702, 65 Empl. Prac. Dec. P 43,256 Karen L. Johnson and Leola B. Frierson
v.
United States Department of Health and Human Services
92-4211.
Court of Appeals for the Sixth Circuit.
Jul 18, 1994.
30 F.3d 45
Cited by 36 opinions  |  Published

30 F.3d 45

65 Fair Empl.Prac.Cas. (BNA) 702,
65 Empl. Prac. Dec. P 43,256
Karen L. JOHNSON and Leola B. Frierson, Plaintiffs-Appellants,
v.
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
Defendant-Appellee.

No. 92-4211.

United States Court of Appeals,
Sixth Circuit.

Submitted June 24, 1994.
Decided July 18, 1994.

Steven L. Howland, Hardiman, Alexander, Buchanan & Howland (briefed), Cleveland, OH, for plaintiffs-appellants.

Donna Morros Weinstein, Chief Counsel, Dept. of Health and Human Services, Office of Gen. Counsel, Chicago, IL, Maureen E. Murphy, Iden Grant Martyn, Asst. U.S. Attys., Lynne H. Buck, Asst. U.S. Atty. (briefed), Cleveland, OH, for defendant-appellee.

Before: RYAN, Circuit Judge; KRUPANSKY, Senior Circuit Judge; and SPIEGEL, District Judge.[*]

KRUPANSKY, Senior Circuit Judge.

[*~45]1

Plaintiffs-Appellants, Karen L. Johnson and Leola B. Frierson, have appealed the district court's judgment in favor of defendant, United States Department of Health and Human Services (HHS), on plaintiffs' claims alleging discrimination based on race, sex and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sec. 2000e et seq. and age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. Sec. 621 et seq. After exhausting their administrative remedies, plaintiffs filed the instant action in federal district court. A trial on the merits was conducted and the district court entered judgment in favor of HHS, concluding that plaintiffs had not proven their claims of discrimination. This timely appeal followed.

2

Johnson and Frierson are black females, born respectively in 1944 and 1926. Both are employed at the Lorain District Office of the Social Security Administration (SSA). Johnson began working at SSA in 1965 as a GS-2 Clerk Typist. She was promoted in December 1971, to a GS-5 Data Review Technician, and promoted again in September 1990, to a GS-7 Social Insurance Representative. Prior to this 1990 promotion, Johnson had applied for and been denied the promotion to Social Insurance Representative on three occasions in 1986. Frierson began her employment at the Lorain office in 1974 as a GS-2 Clerk Typist. She received subsequent grade increases to GS-3 and GS-4 in 1975 and 1976. In 1986, she applied for a promotion to the position of Service Representative which she did not receive. Instead, the promotion went to Suzanne Toth, a 38-year old white woman.

3

On appeal, plaintiffs have made a number of assignments of error. First, plaintiffs challenged the district court's determination that they had not proven a prima facie case of retaliation. In order to prove retaliation, a plaintiff must demonstrate: (1) that she was engaged in activity protected under Title VII; (2) that she was the subject of an adverse employment action; and (3) that there is a causal link between the protected activity and the adverse employment action. Cooper v. City of North Olmsted, 795 F.2d 1265, 1272 (6th Cir.1986).

4

In the instant case, plaintiffs claim that they were denied promotions in 1986 in retaliation for filing EEOC complaints in 1976. The district court concluded that plaintiffs had not proven a causal connection between the protected activity and the adverse employment decision because the supervisory staff responsible for making promotion decisions in 1986 had no knowledge of plaintiffs' EEOC complaints filed in 1976. This conclusion was based on the supervisors' unequivocal testimony that they were not aware of these complaints until plaintiffs informed them in 1986, after plaintiffs had failed in their bids for promotions. The district court did not clearly err in crediting the supervisors' testimony; hence, the trial court properly concluded that plaintiffs had not shown any causal connection between their 1986 promotion denials and the remote 1976 EEOC complaints. This assignment of error is without merit.

5

Next, plaintiff Frierson argued that the district court clearly erred in concluding that she had not rebutted defendant's nondiscriminatory reason for denial of her promotion. In Texas Dept. of Community Affairs v. Burdine, 450 U.S. 248, 101 S.Ct. 1089, 67 L.Ed.2d 207 (1981), the Supreme Court set forth the relevant burdens for proving a case of discriminatory treatment under Title VII.

6

First, the plaintiff has the burden of proving by the preponderance of the evidence a prima facie case of discrimination. Second, if the plaintiff succeeds in proving the prima facie case, the burden shifts to the defendant "to articulate some legitimate, nondiscriminatory reason for the employee's rejection." Third, should the defendant carry this burden, the plaintiff must then have an opportunity to prove by a preponderance of the evidence that the legitimate reasons offered by the defendant were not its true reasons, but were a pretext for discrimination.

7

Burdine, 450 U.S. at 252-53, 101 S.Ct. at 1093 (citations omitted).

[*~46]8

After plaintiff established her prima facie case of disparate treatment, defendant HHS articulated the nondiscriminatory reason that Frierson was not selected for promotion because her overall job performance and technical, analytical, writing and communication skills were deficient as compared to the selectee. The district court credited this testimony from plaintiff's supervisor and concluded that defendant had met its burden under Burdine of articulating a legitimate, nondiscriminatory reason for not promoting Frierson. Furthermore, the court found that Frierson failed to prove that the articulated nondiscriminatory reason was pretext.

9

On appeal, Frierson has argued that the district court should have found defendant's explanation to be pretext. In support of this argument, however, she simply repeats much of the testimony she gave at trial concerning her own subjective evaluation of her abilities. This court has observed that " '[w]hen findings are based on determinations regarding the credibility of witnesses, Rule 52(a) demands even greater deference to the trial court's findings; for only the trial judge can be aware of the variations in demeanor and tone of voice that bear so heavily on the listener's understanding of and belief in what is said.' " Wooldridge v. Marlene Industries Corp., 875 F.2d 540, 543 (6th Cir.1989) (quoting Anderson v. Bessemer City, 470 U.S. 564, 575, 105 S.Ct. 1504, 1512, 84 L.Ed.2d 513 (1985)). Plaintiff has failed to submit any evidence besides her own subjective testimony that she was more qualified for the job than the selectee. Accordingly, the district court did not err in crediting defendant's testimony and concluding that plaintiff had failed to prove that defendant's articulated reason was pretext.

10

Plaintiffs have also challenged the district court's conclusion that they did not prove a prima facie case of disparate impact under Title VII resulting from the allegedly discriminatory tests used in the promotion process. Under a disparate impact theory of employment discrimination, a prima facie case is established when: (1) plaintiff identifies a specific employment practice to be challenged; and (2) through relevant statistical analysis proves that the challenged practice has an adverse impact on a protected group. Scales v. J.C. Bradford & Co., 925 F.2d 901, 907-8 (6th Cir.1991). Once a prima facie case is proven, the burden shifts to the defendant to articulate a legitimate, nondiscriminatory reason for the employment practice. Scales, 925 F.2d at 908. The burden then shifts back to plaintiff to prove either pretext or that a less discriminatory practice existed which would achieve the same business ends. Id.

11

In the instant case, the district court concluded that plaintiffs had failed to meet their burden of proving a prima facie case. Specifically, the court found that "they did not prove a meaningful statistical analysis, thus precluding a claim under a disparate impact analysis." A district court's determination that statistical evidence is insufficient is subject to a clearly erroneous standard of review. Scales, 925 F.2d at 907. Having reviewed the record and the briefs, this court concludes that the district court did not clearly err in finding that plaintiffs' statistical data was insufficient.

12

As their last assignment of error, plaintiffs have contended that the district court erred because it adopted the defendant's proposed findings of fact and conclusions of law "verbatim" and "without checking them." Plaintiffs have failed to point to any relevant federal authority that would require reversal of the district court's findings of fact and conclusions of law simply because it adopted those proposed by the defendant. This court concludes that the district court did not abuse its discretion in adopting defendant's proposed findings of fact and conclusions of law.

[*~47]13

Accordingly, for the reasons stated, the decision of the district court is hereby AFFIRMED.

*

The Honorable S. Arthur Spiegel, United States District Judge for the Southern District of Ohio, sitting by designation