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Indiana Dep't of Natural Resources v. Cobb8/11/2005
FOR PUBLICATION
Appellant-respondent Indiana Department of Natural Resources, Law Enforcement Division (DNR) appeals from the determination of the Indiana Civil Rights Commission (ICRC) that DNR terminated appellee-complainant Donnita L. Cobb on the basis of gender discrimination. Specifically, DNR contends that ICRC erred in finding for Cobb because she failed to make a prima facie case of discrimination, and that even if she did make such a case, she failed to show that DNR's legitimate reasons for termination were mere pretext.
Finding that there is not substantial evidence to support the ICRC's determination that Cobb made a prima facie case of discrimination, we reverse the judgment of the ICRC.
FACTS
DNR hired Cobb as a probationary conservation officer on November 20, 1995, after Cobb successfully completed DNR's conservation recruit school. Upon successfully completing a course at the Indiana Law Enforcement Academy, Cobb was assigned to DNR's District 6. Cobb's direct supervisor was Sergeant Beth Hauer. Also supervising Cobb was Sergeant Hauer's supervisor, Lieutenant Dennis Koontz. All conservation officers were subject to a one-year probationary period.
Beginning on March 30, 1996, Hauer began documenting a series of infractions committed by Cobb:
* On March 30, 1996, Cobb failed to submit a form designating her next of kin as ordered by Hauer. Cobb says that she did not turn in the form because she did not have a permanent address at that time. Hauer requested that Cobb complete and turn in this form more than once verbally, finally submitting a written order on April 9, 1996. Appellant's App. p. 92.
* In April 1996, Cobb notified Hauer that her DNR-issued boots did not fit properly. Hauer ordered Cobb to exchange her boots, but instead of doing so Cobb chose to wear the original boots at home to break them in. Id. at 93.
* On April 30, 1996, Cobb and another officer were late for a training session. After arriving late, Cobb went to the restroom and stayed there for more than five minutes prior to entering the classroom. Id.
* In May 1996, Cobb arrived late to a scheduled program because she got lost. Cobb says that she received incorrect directions from another officer. Id.
* On May 9, 1996, Hauer issued a letter of consultation to Cobb regarding her concern that Cobb was not listening well. Id.
* In July 1996, Cobb's radio began to malfunction. By September 1996, the problem had not been resolved, and Hauer ordered her to have her radio fixed, advising Cobb that Hauer would acquire a replacement radio for her. Cobb did not have it fixed because she did not believe she had authorization. In October 1996, the radio was still malfunctioning. Hauer again ordered Cobb to have it fixed as soon as possible, specifically ordering her to leave early that day to do so. As Cobb was leaving, however, she encountered a journalist who requested an interview and tour of the park, which Cobb agreed to do. Consequently, she arrived at the radio repair shop after closing. The following morning, she arrived at the repair shop and was told that the radio would not be sent out until the following Monday. Although Hauer had acquired a replacement radio for Cobb's use, Cobb kept her radio over the weekend because she believed that having her own radio-although only one channel was working-was superior to borrowing a radio and leaving another officer without a radio for a two-hour period over the weekend. Id. at 102-03.
* On more than one occasion, Cobb was late for meetings with other officers. Id. at 124, 126.
* On July 18, 1996, Cobb was lat
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