Vason v. City of Montgomery

Vason v. City of Montgomery

Opinion

 [*905]  PER CURIAM:

Appellant Jo Ann Vason filed suit against the City of Montgomery (the City) on March 8, 1999, alleging race and sex discrimination in violation of 42 U.S.C.  [*906]  §§ 1981 and 1983 and under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e. The district court granted summary judgment for the City on the § 1981 and § 1983 claims on February 1, 2000, and granted summary judgment for the City on the Title VII claim on March 10, 2000, Vason v. City of Montgomery, 86 F. Supp. 2d 1130 (M.D. Ala. 2000). Appellant appeals as to all claims. The only issue warranting discussion is the Title VII issue. ¹

 [**2]  I. BACKGROUND

The City hired Appellant as a nurse/matron on August 25, 1977. She was assigned to the Montgomery Police Department Municipal Jail. On April 5, 1986, the Montgomery Police Department implemented a Weight Management Program for sworn officers, and the Department gave all officers one year in which to meet their specified weights. Appellant was exempted from the program on December 18, 1987. The City attempted to subject her to the weight program again in 1992, but the matter was dropped after she produced the 1987 memorandum establishing her exemption from the program.

On February 26, 1998, Appellant was charged with not being truthful about a death that occurred in the jail, and her employment was terminated. She was later cleared of charges of wrongdoing, and she was reinstated to her job on May 2, 1998. Immediately following her reinstatement, she was once again informed that she must weigh in to determine her compliance with the weight program. She again produced the 1987 memorandum exempting her from the weight program, but she was nevertheless charged on June 23, 1998, with a violation of the weight policy. On June 30, 1998, she was suspended without pay for [**3]  a 6-month period. The Montgomery City and County Personnel Board upheld her suspension on or about August 26, 1998. Appellant subsequently retired from her position.

On October 28, 1998, Appellant wrote to the Equal Employment Opportunity Commission (EEOC) to complain of race and sex discrimination. She asked the EEOC to investigate the City's alleged pattern and practice of exempting white male officers from the weight program and included the names of white men who were allegedly exempted from the program. Appellant received a right-to-sue letter dated December 10, 1998, and she filed suit on March 8, 1999. It is undisputed that Appellant's letter to the EEOC "was not sworn to under oath or affirmed" and that she did not later attempt to verify her charge through amendment. Vason, 86 F. Supp. 2d at 1132 and n.1. The district court granted summary judgment to Appellee on Appellant's Title VII claim after concluding that "verification is an absolute condition precedent to suit under Title VII, " and Appellant failed to satisfy that condition.  Id. at 1133.

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.