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Garland's Digest
on employment discrimination law
online since 1997
 

 

Disclaimer: The case on which this summary is based may no longer be current law. Also, if the case was decided on summary judgment, the court recited the "facts" in the light most favorable to the non-movant, which may not be the true facts.

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Roh v. Lakeshore Estates, Inc., 241 F.3d 491 (6th Cir. February 26, 2001)

Keywords: Title VII (religious discrimination, failure to promote)

Introduction: Diane Roh sued Lakeshore Estates under Title VII for religious discrimination. A jury found in favor of Roh. The Sixth Circuit reverses because Roh was not qualified for the position she sought.

Facts: Roh was the director of nursing at Lakeshore Meadows, a nursing home operated by the Church-of-Christ-affiliated Lakeshore Estates. She wanted to obtain a nursing home administrator's license so that she could continue to grow within the company. She requested permission to enter the Administrator In Training (AIT) program, but was not allowed to do so. Lakeshore Estates had an unwritten policy against allowing anyone who was not a member of the Church of Christ to enter the program. But Lakeshore Estates also claims that Roh was not eligible to enter the program because she did not meet the minimum requirements under Tennessee law.

Law:

1. The issue is whether Roh was qualified for the position sought. As an initial matter, the Court recognizes that whether a person is qualified for the position sought is a prong of the prima facie case and that the Court should not review a lower court decision for whether the prima facie case had been made. But evidence that bears upon elements of the prima facie case can also come into play in assessing the ultimate question of discrimination -- and that is the case here.
2. Under Tennessee law, a person seeking licensure as a nursing home administrator must receive approval from the Tennessee State Board of Examiners for Nursing Home Administrators in order to take the licensure examination. A person holding an associate's degree and having "two (2) years of acceptable management experience" must complete a Board-approved AIT program to satisfy the education prerequisite to sitting for the examination.
3. The issue is whether Roh had "two (2) years of acceptable management experience."
4. The district court erred in treating this issue as a question of fact, instead of a question of law.
5. The Court defines "acceptable management experience" as requiring supervisory experience in all departments or areas of the facility. Since Roh did not have any supervisory experience outside of the nursing department, she was not qualified for the AIT program and her lawsuit must be dismissed.
6. Circuit Judge Gibson (visiting from the Eighth Circuit) dissents. He believes there was sufficient evidence to support a finding that Roh was qualified for the position.
7. Click here to see actual case.