Bogan v. MTD Consumer Grp.

SHEANETER J. BOGAN PLAINTIFF v. MTD CONSUMER GROUP, INC. DEFENDANT

CIVIL ACTION NO. 1:14-CV-225-SA-DAS

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI ABERDEEN DIVISION

February 27, 2020

ORDER

Sheaneter Bogan filed this case in December of 2014 alleging that she was fired from MTD Consumer Group, Inc., because of her race and sex. After a four-day trial in January of 2017, the jury found that MTD discriminated against Bogan on the basis of her race and/or gender. While the jury was instructed to determine compensatory damages and back pay, the jury awarded Bogan only $1.00 in nominal damages. This Court denied both reinstatement and front pay and the Plaintiff appealed this Court's decision not to award prospective relief to the Fifth Circuit Court of Appeals. Pursuant to the Judgment [137] issued by the Fifth Circuit, the Court now reconsiders the factors relied upon in denying Bogan's reinstatement, mindful of the unusual situation presented in this case in which no prospective relief was awarded after a finding of discrimination.

Background and Procedural History

Bogan worked at MTD Consumer Group for twenty years until her termination in 2013. The Plaintiff began in unskilled positions but was eventually promoted to Machinist in the Tool and Die department after completing the requisite coursework. While pursuing the Tool and Die position, Bogan also began going to school for a degree in social work. Her supervisors initially accommodated her class schedule with flexible work hours. In the fall of 2012, Bogan was notified that she had to work a normal shift because company policy only allowed flexible hours for work-related schooling. Despite this decision, Bogan continued to work irregular hours and attended social work classes during work hours. When her supervisor learned that she was still attending classes, he suspended her. MTD then terminated Bogan, allegedly because she came back from lunch late. Bogan unsuccessfully appealed her termination to an employee review board. After receiving a right-to-sue letter from the EEOC, Bogan filed suit in this Court. After a verdict in her favor, and a nominal monetary award of $1.00 but no prospective relief, Bogan appealed to the Fifth Circuit.

The Fifth Circuit found no clear error with this Court's denial of front pay and instead focused on the Court's denial of reinstatement. The Fifth Circuit held that the Court should not have considered two of the four factors relied upon in denying reinstatement and remanded to this Court to reconsider whether reinstatement would further the remedial goals of Title VII.

Remedial Goals of Title VII

Title VII provides relief for victims of unlawful employment discrimination. 42 U.S.C. § 2000e-5(g)(1). "Congress designed the remedial measures in [this statute] to serve as a spur or catalyst to cause employers to self-examine and to self-evaluate their employment practices and to endeavor to eliminate, so far as possible, the last vestiges of discrimination." McKennon v. Nashville Banner Pub. Co., 513 U.S. 352, 358, 115 S. Ct. 879, 130 L. Ed. 2d 852 (1995) (citation and internal quotations omitted). The remedial purposes of Title VII include 1) providing a sufficient remedy to make plaintiffs whole for injuries suffered due to unlawful discrimination and 2) deterring employers from continuing prohibited conduct. Albemarle Paper Co. v. Moody, 422 U.S. 405, 418, 95 S. Ct. 2362, 45 L. Ed. 2d 280 (1975). "The general rule is, that when a wrong has been done, and the law gives a remedy, the compensation shall be equal to the injury. The latter is the standard by which the former is to be measured." Id. (citing Wicker v. Hoppock, 73 U.S. 94, 18 L. Ed. 752 (1867)).

Courts have found that reinstatement is the preferred equitable remedy under Title VII, as it is most consistent with Title VII's "make-whole" philosophy. Hansard v. Pepsi-Cola Metro. Bottling Co., 865 F.2d 1461, 1469 (5th Cir. 1989). Before deviating from this preference, the Court must first "consider 'and adequately articulate' its reasons for finding reinstatement to be infeasible." Palasota v. Haggar Clothing, 499 F.3d 474, 489 (5th Cir. 2007) (quoting Julian v. City of Houston, 314 F.3d 721, 729 (5th Cir. 2002). The Fifth Circuit has enumerated a number of factors to determine the feasibility of reinstatement, including whether the positions now existing are "comparable to the plaintiff's former position and whether reinstatement would require an employer to displace an existing employee," and "whether the plaintiff has changed careers and whether animosity exists between plaintiff and his former employer." Palasota, 499 F.3d at 489 (citations omitted). If the Court finds that reinstatement is infeasible, the Court must consider whether front pay is appropriate. Hansard, 865 F.2d at 1469.

Although the preferred equitable relief is reinstatement, the Fifth Circuit has held that front pay is appropriate when reinstatement is not feasible. Id. "Front pay" is an equitable remedy awarded to compensate for future lost earnings. Id. Even if a court determines that reinstatement is not appropriate, front pay is still not automatic. Davis v. Combustion Engineering, Inc., 742 F.2d 916, 922-23 (6th Cir. 1984) (holding that "front pay does not lend itself to a per se rule."). "Front pay may be denied or reduced when the employee fails to mitigate damages by seeking other employment." Reneau v. Wayne Griffin & Sons, Inc., 945 F.2d 869, 870 (5th Cir. 1991); Hansard, 865 F.2d at 1470 (collecting cases).

Reinstatement

Under Section 2000e-5(g), the court may order "such affirmative action as may be appropriate, which may include, but is not limited to, reinstatement." Title 42 U.S.C. 2000e-5(g)(1). "The district court judge is in the best position to make a determination regarding the feasibility of reinstatement because [she] is able to witness, first hand, the evidence presented at trial along with post-trial motions and hearings before the court." Weaver v. Amoco Production Co., 95 F.3d 52 (5th Cir. 1996). In denying Bogan's reinstatement, this Court relied upon four factors, 1) Bogan's position no longer exists as it did during her employment, 2) Bogan intended to change careers to social work, 3) MTD would have terminated Bogan in the absence of any purported discrimination because of her inability to follow the rules and her attitude, and 4) discord between the Parties. The Fifth Circuit found the Court's reliance on the third and fourth factors improper. The Court now reconsiders its decision not to reinstate Bogan in light of the Fifth Circuit's decision and guidance.

1) Bogan's position no longer exists as it did during her employment

The Defendant presented evidence that the Wire EDM machine Bogan operated is now run with little oversight and no longer requires a primary operator. See Warren v. County Com'n of Lawrence County, Ala., 826 F. Supp. 2d 1299, 1307-1308 (N.D. Ala. Dec. 1, 2011) (noting that reinstatement is inappropriate when there is no comparable open position for the plaintiff to fill). Indeed, after Bogan's termination, MTD did not hire anyone to operate Bogan's machine. Instead, MTD assigned two other employees to operate this machine in addition to performing their other job duties. The Defendant also presented evidence that reinstating Bogan would require substantial training, as the machine and process she worked on has been through several major updates since her termination. Finally, the Defendant indicated that the budget within the Tool and Die department would not allow for any more positions, because MTD lost business since Bogan's termination. See Palasota, 499 F.3d at 489 (citing Gamble v. Birmingham Southern R.R. Co., 514F.2d 678, 684 (5th Cir. 1975)). Given the evidence presented, the feasibility of returning the Plaintiff to her old position is largely impracticable. This factor weighs against reinstatement.

2) Bogan intended to change careers to social work

After Bogan's termination from MTD, she attended school to complete her degree in social work. Bogan later obtained her social work degree and applied for seminary but did not attend. Since her termination from MTD, Bogan worked for a Toyota supplier in Mantachie, Mississippi in Control Sorting, but was terminated for parking in the customer lot after being warned not to do so. After her termination from the Toyota supplier, Bogan again indicated her desire to change careers by applying for counseling positions at a hospital, hospice nursing homes, and day cares. Due to Bogan's desire to change careers, this factor weighs against reinstatement. Palasota, 499 F.2d at 489.

3) MTD would have terminated Bogan in the absence of any purported discrimination because of her inability to follow the rules and her attitude.

Pursuant to the Fifth Circuit's opinion, the Court notes that the jury rejected this defense by finding in favor of Bogan instead of MTD. Considering the surrounding caselaw, it is improper for the Court to override the jury's factfinding on this question when deciding equitable relief. Bogan v. MTD Consumer Group, Inc., 919 F.3d 332, 338 (5th Cir. 2019) (collecting cases). Therefore, this factor weighs in favor of reinstatement.

4) Discord between the Parties

When relying on this element, the Court should cite "specific instances of discord" for the acrimony to justify denying reinstatement. Walther v. Lone Star Gas Co., 952 F.2d 119, 127 (5th Cir. 1992).

Pursuant to the Fifth Circuit's opinion, the Court has reviewed the record. While the Court did not find sufficient specific instances of discord to support denial of reinstatement, this factor does not alone support an alternate result, particularly in light of the other factors which weigh heavily against restatement. See Whittlesey v. Union Carbide Corp., 742 F.2d 724, 728 (2nd Cir. 1984) (explaining that reinstatement may not always be possible if there is no position available for the plaintiff at...