HUGH LAWSON, Senior District Judge.
Before the Court is the Motion for Summary Judgment (Doc. 21) by Defendants Lanco Trucking, Inc., Langdale Forest Products Company, and Jerald Stroud (collectively "Defendants"). For the reasons stated below, this motion is granted.
Summary judgment is appropriate when "the pleadings, the discovery and disclosure materials on file, and any affidavits show there is no genuine issue as to any material fact and ... the moving party is entitled to a judgment as a matter of law." Fed. R. Civ. P. 56(c);
When considering a motion for summary judgment, the court must evaluate all of the evidence, together with any logical inferences, in the light most favorable to the nonmoving party.
The party seeking summary judgment "always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, which it believes demonstrate the absence of a genuine issue of a material fact."
This case arises from the July 5, 2012 decision by Lanco Trucking, Inc. ("Lanco") to terminate the employment of Plaintiff Clifford McMaugh ("Plaintiff"). Lanco is a subsidiary of Langdale Forest Products Company ("Langdale Forest Products"). First hired in 2008, Plaintiff initially drove a truck filled with wood chips for Lanco, but, by July 2012, he had switched to driving dump trucks. His supervisors were Chris Parker ("Parker") and Joe Singley ("Singley"). Parker is a superintendent at Lanco and is supervised by Singley, who is a general manager. Jim Hickman ("Hickman"), the technical director at Lanco, is the superior of both Parker and Singley. Plaintiff, Parker, Singley, and Hickman are all white males. (Defendants' Statement of Material Facts ("DSMF"), Doc. 23, ¶¶1-7, 10, 34; Deposition of Barbara Barrett, Doc. 37-6, p. 9; Deposition of Joseph Singley, Doc. 29, pp. 14-15).
Plaintiff accepted a position as a dump truck driver because he thought there was "nonsense going on" among the drivers of the wood chip trucks and he "wanted to be away from certain people." Black and white employees, including Plaintiff, believed that a black driver named Jerald Stroud ("Stroud") was receiving preferential treatment. Among other things, Stroud did not do his work, slept on the job, and worked a second job after his Lanco shift, which violated company policy. Among other reasons, Plaintiff believed that Parker showed favoritism to Stroud because they grew up together, Stroud's father was a police officer, Stroud knew that Parker used illegal drugs, and Parker owed Stroud money for drugs. (DSMF, ¶¶12-15, 17-18; Deposition of Plaintiff, Doc. 25, pp. 120-23).
During their time at Lanco, Stroud called Plaintiff a "cracker" on two occasions prior to the incident leading to Plaintiff's termination. The first time Stroud used this slur with regard to Plaintiff was in 2011, and afterwards Plaintiff complained about Stroud's behavior to Joe Singley. The supervisor told Plaintiff that if he disciplined black employees then he would be sued by the National Association for the Advancement of Colored People ("NAACP") and that a black employee had just threatened to file a discrimination lawsuit. Singley said that he did not need "a bunch of niggers" causing problems and that Plaintiff should ignore Stroud and do his work. Stroud also called Plaintiff a "cracker" in early 2012. When Plaintiff complained to Jim Hickman, the supervisor ordered him to get his "ass in the truck and get on the road or hit the clock." Shortly before July 5, 2012, Lanco reduced Plaintiff's work hours. (DSMF, ¶¶42-44; Plaintiff's Response to DSMF, Doc. 32, ¶¶47-50).
In the afternoon of July 5, 2012, Plaintiff and Stroud became involved in an altercation at work after Plaintiff's work shift ended. Plaintiff, Stroud, and at least one other employee, Anthony Evans ("Evans"), were in the employees' break room when the incident occurred. Having heard that Plaintiff resented how Lanco's management treated Stroud, Stroud walked up to Plaintiff and said "you been running your fucking mouth about me." Stroud began shoving Plaintiff, at one point also grabbing his wrists, and said, "I'll fuck you up, cracker." As another employee came into the break room, Stroud shoved Plaintiff through the open door, and they carried their argument outside. It was at this point that Joe Singley heard their quarreling as he walked over from Lanco's scale house. He got in between Stroud and Plaintiff and tried to calm them. Singley told Stroud and Evans, who had also come outside, to go to his office and wait for him. Stroud did as he had been instructed. (DSMF, ¶¶19-24; Plaintiff's Response to DSMF, ¶¶51-54; Plaintiff's Depo., pp. 150-53, 166-68, 174-77; Deposition of Anthony Evans, Doc. 37-9, pp. 20-21).
Plaintiff turned to Singley and said, "You need to do your job ... because you don't do your job." Singley felt that Plaintiff was irate, would not calm down, and would not listen to him. Before leaving work on July 5, Plaintiff asked Singley if he were fired, and the supervisor reassured him that he was not, but that he should go home. Plaintiff then told Singley that he would be speaking with the Equal Employment Opportunity Commission ("EEOC") and Wesley Langdale, an individual in Lanco's upper management. Singley called Jim Hickman to discuss the altercation between Plaintiff and Stroud. Singley told his superior that Plaintiff had acted irrationally and was insubordinate. (Plaintiff's Response to DSMF, ¶56; DMSF, ¶¶24-27; Plaintiff Depo., pp. 101-02).
Hickman proceeded to investigate the incident. He spoke with Stroud and Evans. Stroud said that when he approached Plaintiff to ask if the other employee had a problem with him, Plaintiff began yelling and threatened to "mess you up." Both Stroud and Evans indicated that after Singley broke up the tussling employees, Plaintiff told his supervisor he should do his job and that if he did not, then Plaintiff would speak with Wesley Langdale. After asking Singley, Stroud, and Evans to provide written statements about the incident, Hickman determined that Plaintiff had been the aggressor in his argument with Stroud and that he had been insubordinate. On July 5, 2012, Hickman and Singley decided to terminate Plaintiff's employment. (DSMF, ¶¶28-30, 32-34; Statements of Jerald Stroud and Anthony Evans, Ex. 1 to Declaration of Jim Hickman, Doc. 30).
After leaving work, Plaintiff refused to let matters rest. That same day he filed a police report against Stroud. He also returned to Lanco and attempted to speak with Hickman, but the supervisor told him to return at 8 o'clock the next morning, July 6. When Plaintiff returned the next day, Hickman cursed at him, chiding him for not being there at 8:00. Hickman also used a slur in reference to another Lanco employee, E. R. Williams ("Williams"), a black male. Referring to Williams, Hickman said that "your boy's ass will be going out the gate with you...." Plaintiff replied that "the next one you'll hear from is an EEOC lawyer.... I'm bringing charges against Langdale." Then he left. (DSMF, ¶¶35-37).
On September 17, 2013, Plaintiff filed suit in this Court against Lanco, Langdale Forest Products, and Jerald Stroud. Plaintiff alleges that Lanco and Langdale Forest Products violated Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e et seq., by engaging in race discrimination and retaliating against him for reporting the discrimination.
Because the undisputed facts show that Defendants are entitled to judgment as a matter of law on all of Plaintiff's claims, summary judgment is granted.
Because Plaintiff is no longer pursuing his battery claim,
Summary judgment is also granted with regard to the race discrimination claim. Although Plaintiff's complaint only sets out a single, broad count of race discrimination, the allegations in the paragraphs supporting this count lead the Court to believe that Plaintiff intended to set forth both a disparate treatment and a hostile work environment theory.
Plaintiff has not shown that he experienced race discrimination in the form of a hostile work environment at Lanco. Establishing a prima facie case of a race-based hostile work environment requires the plaintiff to show (1) that he belongs to a protected classification; (2) that he experienced unwelcome harassment; (3) that the harassment was based on a protected characteristic, such as race; (4) "that the harassment was sufficiently severe or pervasive to alter the terms and conditions of employment and create a discriminatorily abusive working environment"; and (5) that the employer may be held liable for the harassment.
There is both an objective and a subjective component to this fourth element, whether the harassing conduct was so severe or pervasive as to alter the terms and conditions of employment.
Although Plaintiff has pointed to some evidence that he experienced race-based harassment while he was at Lanco, the harassment was not, objectively speaking, sufficient to alter the terms and conditions of his employment. Plaintiff's evidence of such harassment consists of the three occasions in the last year he was at Lanco when Stroud referred to him as a "cracker." However, Plaintiff worked at Lanco for approximately four years, and there is no evidence that he was ever physically threatened or humiliated because of his race.
Plaintiff is no more successful in arguing that he was racially discriminated against by being treated differently than a similarly situated, non-white employee. If there is no direct evidence of discrimination, and none of the parties contend there is in this case, then a Title VII claim is subject to the framework set forth by the Supreme Court in
Plaintiff has not established a prima facie case of discrimination because he has not pointed to another employee who, apart from race, is nearly identical and received better treatment from Lanco. Plaintiff insists that Stroud was similarly situated to himself, but he is mistaken.
Even assuming ad arguendo that Plaintiff had made out a prima facie case of discrimination, summary judgment must still be granted on this claim because he has not cast doubt on Defendants' proffered reasons for his termination. According to Defendants, Plaintiff was fired because he was insubordinate and initiated the altercation with Stroud. There is some evidence in the record to suggest Plaintiff behaved in this manner, and these would certainly be legitimate, nondiscriminatory reasons for dismissing him.
The burden now shifts to Plaintiff to bring forward evidence that Defendants' proffered reasons for firing him were pretexts for discrimination. He has not done so. Courts have noted that a plaintiff alleging employment discrimination "faces a more difficult burden in establishing that a discriminatory animus played a role" in the adverse employment action when the decision makers are members of the same protected class as the plaintiff.
Finally, the Court grants the motion for summary judgment with regard to the retaliation claim. There is no direct evidence of retaliation, so this claim must also be analyzed using the
To prove a Title VII retaliation claim a plaintiff must show that (1) he engaged in an activity protected by Title VII; (2) he suffered a materially adverse action; and (3) the two events were causally connected.
Plaintiff has also provided evidence he suffered an adverse employment action. Obviously his termination was such an action, but so was the decision to reduce Plaintiff's work schedule. Knowing one's work hours would be cut "well might have dissuaded a reasonable worker from" participating in an activity protected by Title VII.
However, Plaintiff is able to draw a causal connection between only some of his protected activities and these adverse employment actions. The only evidence Plaintiff has offered for a causal link between his complaints and the reduction in his hours and termination consists of temporal proximity. If evidence for causation rests on nothing more than temporal proximity, the proximity must be "very close," with the passage of three months or more between an employee's protected activity and some adverse action being too great to allow for an inference of causation.
Nevertheless, as with the discrimination claim, Plaintiff has not rebutted Defendants' explanations for why he was fired. Defendants have provided evidence that Plaintiff was insubordinate on July 5, 2012, and that they had reasons to believe he had started the fight with Stroud. In refutation the only evidence Plaintiff can muster is the temporal proximity between his termination and his complaints. This is clearly insufficient to create a question of fact for whether Lanco fired him for engaging in protected activities. Summary judgment is granted on the retaliation claim.
In light of the above, Defendants' Motion for Summary Judgment (Doc. 21) is granted, and this case is dismissed with prejudice.