ADVERSE EMPLOYMENT ACTIONS AND PUBLIC SCHOOL ...

American, prior to Black’s reassignment. Upon discovery, it was exposed that Waddell had been
made aware of the situation regarding Black by COSL Blake. This information led to a belief
that Waddell’s statements were staged. Following notice of her reassignment, Black continued to
communicate her concerns about the Mifflin Alternative School within the district. Black
eventually worked her way up to a meeting with Superintendent of Columbus Public Schools,
Larry Mixon. Records of this meeting are less than clear as Black relates that Mixon was
extremely hostile toward her and her report about the affair, but that they spent a great deal of
time discussing her desire for a central office position, director of pupil personnel.
In 1994, Black filed a civil rights complaint on the grounds of sexual harassment. In July,
Black filed charges with the Equal Employment Opportunity Commission (EEOC) that she was
denied an ability to discuss work matters due to her gender. Black further complained that she
was reassigned in retaliation for her reports on Tankovich’s suspected affair and that she had
been passed over for two administrative positions by younger White women. In a formal suit,
Black alleged that her rights were violated under the First, Fifth, and Fourteenth Amendments.
Her actions were filed under Title VII of the Civil Rights Act of 1964, Age Discrimination in
Employment Act (ADEA), and various Ohio civil codes. Once at trial, the court granted
summary judgment on all claims to the defendant. This appeal followed.
Issues: (1) Was Black forced to endure a hostile work environment due to Tankovich’s
indiscretions? (2) Was Black forced to suffer a retaliatory demotion for reporting Tankovich’s
behavior? (3) Did Black suffer disparate treatment based on race, sex, and age?
Holding: The court held that the trial court properly granted summary judgment to the
defendants on all parts but one.
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