Boxill v. O'Grady, No. 18-3385 (6th Cir. 2019)
Annotate this CaseBoxill worked at Franklin County Municipal Court. Boxill alleges that the defendants, judges and an administrator, formulated a concealed policy that female employees asserting complaints about abusive and discriminatory treatment by judges would be discouraged and intimidated. She claimed that in 2011 O’Grady began making sexist and racist comments and that Brandt was “hostile and intimidating." Boxill reported this to administrators and judges in 2011-2013; “[n]o administrator or Judge acted ... each discouraged [her] from action.” They began removing her responsibilities. A week after others reported O’Grady’s behavior Boxill was demoted. She claims that O’Grady then recruited other judges to monitor her and her staff. The Defendants began bypassing her and going directly to the Caucasian male subordinate. She resigned and later filed suit, alleging that each Defendant retaliated against her in violation of the First Amendment, 42 U.S.C. 1983, 1981 and contributed to a hostile work environment. The district court dismissed her claims. The Sixth Circuit affirmed in part. Boxill offered no plausible, non-conclusory facts to show that O’Grady was aware of her complaints and cannot demonstrate that O’Grady’s adverse actions were motivated by her protected speech. Reversing as to the hostile work environment claim, the court stated Boxill’s complaint plausibly alleged that O’Grady made sexist and racist comments to her and others for years, she reported that behavior, and the harassment was sufficiently severe and/or pervasive that others found it necessary to memorialize their concerns in writing.
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