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Gee v. Minnesota State Colleges and Universities7/26/2005
This is an appeal from a summary judgment dismissal of claims for disability discrimination and whistleblower retaliation. Because the district court applied an incorrect standard to determine that Carrie Gee is not a disabled person for purposes of the Minnesota Human Rights Act, we reverse and remand the dismissal of Gee's disability-discrimination claim. We affirm, however, the district court's dismissal of Gee's whistleblower claim because the evidence is insufficient to establish that she made a good-faith report of a violation of federal or state law.
FACTS
Carrie Gee was employed at the Minnesota State University, Mankato (MSU) from 1998 to 2003 as a fixed-term assistant professor in the college of education. In the spring of 2001, Gee learned that a tenure-track science-education position would become available for the 2002-2003 academic year. Gee asserts that Dr. Peg Ballard, her supervisor and friend, and Dr. Joanne Brandt, Interim Dean of the College of Education, encouraged Gee to apply for the position. Although the position required completion of a doctorate degree, all-but-dissertation (ABD) candidates were eligible for hire. In her affidavit, Gee stated that Ballard was aware of Gee's ABD status and had "convinced the Search Committee to include ABD applicants . . . to ensure that could be considered." According to Gee, Ballard also assured her that, in the event she was not hired for the tenure-track position, Ballard would extend her employment in a fixed-term position.
The science-education position's notice of vacancy, which states the qualifications for hiring, indicates that "ABD candidates will be considered; however, the doctorate must be completed by the end of the 2002-2003 academic year." Gee contacted faculty at the Indiana University, Bloomington in October 2001 to determine whether she could complete her dissertation within the requisite time. The faculty informed her that she could timely complete the doctorate but that she needed to "retake qualifying exams." Gee forwarded this e-mail to Ballard, discussed her ability to complete the dissertation with Brandt, and applied for the position in January of 2002. Her curriculum vitae indicates that she was "ABD (all but dissertation) for the Ed.D," and she states in her affidavit that she "was first admitted to Ed.D. candidacy (ABD) . . . in April of 1988."
Concurrently with these events, Gee began experiencing medical problems. In March 2001 she was diagnosed with insulin-dependent diabetes mellitus. For the next three weeks, she was hospitalized and had seven surgeries, one of which involved the amputation of the big toe on her right foot. Gee continued to have medical difficulties throughout the 2001-2002 academic year. In August she had two additional surgeries, including a partial excision of the first metatarsal in her right foot and laser surgery on her left eye for diabetes retinopathy.
Gee walks with a quad-footed cane to maintain balance and to keep weight off her right foot, and she wears a leg brace. As a result of her condition, she cannot walk long distances, climb stairs easily, or stand for long periods. She has difficulty reading because of blurred or double vision.
In a search-committee meeting, Ballard and Dr. Karl Matz both indicated that Gee should not be considered for the tenure position because she was ABD and had little evidence of written scholarship. The committee chose to exclude her from further consideration. Ballard informed Gee on March 29, 2002, that the search committee was not considering Gee for the tenure-track position. Six days later, she also informed Gee that she would not be considered for a fixed-term position.
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