Burroughs v. Smurfit Stone Container Corp., Lp

506 F.Supp.2d 1002

Synethia BURROUGHS, Plaintiff, v. SMURFIT STONE CONTAINER CORPORATION, LP and Winston Godwin, Defendants.

Civil Action No. CV-05-715-KD.

United States District Court, S.D. Alabama, Southern Division.

March 12, 2007.

COPYRIGHT MATERIAL OMITTED

Tammy C. Woolley, Waldrep Stewart & Kendrick, LLC, Birmingham, AL, Michael David McGlaughn, Gadsden, AL, for Plaintiff.

Frank Blalock McRight, Lanier, Ford, Shaver & Payne, Huntsville, AL, Timothy J. Godwin, Atmore, AL, for Defendants.

MEMORANDUM OPINION AND ORDER

KRISTI K. DuBOSE, District Judge.

This matter is before the Court on the following: defendant Smurfit Stone Container Corporation, L.P. ("Smurfit") motion for summary judgment (Doc. 36), brief in support (Doc. 37), statement of undisputed facts (Doc. 59)¹ and evidentiary material in support (Docs.39-43); defendant Winston Godwin ("Godwin") motion for summary judgment (Doc. 44), statement of undisputed facts (Doc. 45), brief in support (Doc. 46) and evidentiary material in support (Docs.47-56), plaintiff's brief in opposition to defendant Godwin's motion for summary judgment (Doc. 65) and evidentiary material in support (Doc. 66), plaintiff's amended brief in opposition to Smurfit's motion for summary judgment (Doc. 71) and evidentiary materials in support (Doc. 69) and defendant Smurfit's reply brief. (Doc. 72)

I. PROCEDURAL BACKGROUND

On December 13, 2005, plaintiff, Synethia Burroughs ("Burroughs"), filed suit against her former employer, Smurfit Stone Container Corporation, L.P. ("Smurfit"), alleging federal claims under Title VII based upon the actions of plaintiff's co-employee, defendant, Winston Godwin ("Godwin"). (Doc. 1)² Count One of the complaint alleges that plaintiff was subjected to sexual harassment and hostile work environment. Count Two alleges that plaintiff suffered retaliation by her employer for her complaints of discriminatory conduct. The remainder of plaintiff's claims include state law claims of negligent training, supervision and retention of defendant Godwin (Count Three), assault and battery by defendant Godwin (Counts Four and Five), Invasion of Privacy (Count Six) and Intentional Infliction of Emotional Distress (Count Seven)³, based on the actions of defendant Godwin. (Doc. 1) Plaintiff has also named Godwin, individually, as a defendant in the state law claims.

Smurfit now seeks summary judgment as to all claims alleged against it in plaintiff s complaint on the grounds, in sum, that Burroughs' allegations of "sexual harassment" are not actionable and, even if they were, Smurfit was not responsible for Godwin's actions. Smurfit further maintains that it did not terminate Burroughs' employment in retaliation of any opposition by her to alleged harassment. Godwin has filed a separate motion for summary judgment on plaintiff's claims of assault, battery, invasion of privacy and intentional infliction of emotional distress on the grounds, in sum, that the claims are barred by the applicable statute of limitations. (Doc. 44)

II. FACTUAL BACKGROUND⁴

Plaintiff, Synethia Burroughs, a thirty-three year old black female⁵, was hired by defendant Smurfit on or about March 17, 2003, as a utility person at defendant's container mill in Brewton, Alabama. (Doc. 69, Exhibit 1) A utility person "floats" from assignment to assignment, working any shift where needed. (Doc. 69, Deposition of Winston Godwin, p. 149; Deposition of Dorothy Samuel, p. 137) Job duties assigned to the Utility classification often involve physically demanding, dirty, loud and potentially dangerous work. (Doc. 69, Exhibit 54, Deposition of Michael Wade, p. 2)

Defendant, Winston Godwin, a white male, was employed by Smurfit from approximately August 29, 1964, to February 29, 2004. (Doc. 69, Exhibits 2, 3) During the times relevant to this litigation, Godwin was employed as a "machine tender" on the No. 2 Paper Machines and was a co-employee of plaintiff. Godwin was retired from the company effective in March 1, 2004. (Doc. 69, Exhibit 32)⁶

Smurfit's Brewton mill currently employs approximately 575 workers of which approximately ten percent (10%) are women. (Doc. 69, Wade Depo. at p. 257)

There are two paper machines in the Brewton Mill. The No. 1 machines produces coated paperboard and the No. 2 Machine produces a two-part liner board product. (Doc. 43, Exhibit 37, Affidavit of Michael D. Wade at 1)

All newly hired employees at Smurfit work on a "probationary" basis for ninety (90) days. Pursuant to a collective bargaining agreement between Smurfit and the Union, during the 90 day probationary period the employee has no seniority rights and can be terminated by Smurfit without "recourse" to the grievance procedures under the agreement. (Doc. 43, Wade Affidavit at ¶ 12) Probationary status can be extended beyond 90 days by mutual agreement of Smurfit and the Union. (Id.)

Employees are given on the job training by co-employees and each employee works under the direction of a supervisor. (Doc. 42, Exhibit 34 Rowland Affidavit at ¶ 4) Burroughs was initially assigned to supervisor Tony Cheatham. Cheatham worked under the direction of manager Dan Rowland, the Superintendent of the No. 2 Paper Machine. (Id. at ¶ 1.)⁷

On May 9, 2003 Cheatham completed Burroughs' probationary performance review.⁸ (Doc. 69, Exhibit 12) The review of Burroughs work performance was favorable. (Id.) Under the question "would you recommend this person for permanent employment?", the answer "yes" is checked. (Id.) Under the section entitled "Employee Comments" is the statement "[s]he says the machine is to [sic] hot for her." (Id.) The review also bears the signature of plaintiff Burroughs. (Id.) According to the document, Burroughs' 90 day probationary period was set to expire on June 16, 2003.(Id.)

On May 12, 2003 Burroughs missed a safety training workshop.⁹

On June 2, 2003 Burroughs was transferred to the "A" shift to work under the supervision of Gary Darby. (Doc. 43, Exhibit 37, Affidavit of Michael Wade, ¶ 25) Based on comments from Cheatham and Darby regarding plaintiff's ability to handle the "heat issue", Rowland met with Burroughs on June 4, 2003 to discuss his concerns. (Doc. 42, Exhibit 11, Rowland Affidavit at ¶ 18-23) During the meeting, which was also attended by Darby and Assistant Superintendent Kevin Minnick, Rowland discussed with Burroughs her Performance Review, which stated that Burroughs had complained that "the machine is to[o] hot for her". Rowland counseled Burroughs regarding methods for preventing heat stress and plaintiff's responsibilities for reporting to her supervisor if she needed to leave the work area. Burroughs told Rowland that she was "adjusting" to the heat and that she "understood the expectation" (Doc. 40, Exhibit 10, Deposition of Dan Rowland; Exhibit 20 Affidavit of Gary Darby ¶ 14).¹⁰

Approximately one week before Burroughs' 90 day probationary period was scheduled to end, Darby allegedly told Rowland that he did not consider Burroughs' performance to be satisfactory and recommended that her employment be terminated. (Doc. 42, Exhibit 20, Darby Affidavit at ¶ 18; Exhibit 34 Rowland, Affidavit at ¶ 24) Between June 2, 2003 and June 13, 2003 Burroughs worked a total of nine (9) days on Gary Darby's shift. (Doc. 69, Exhibit 40)

Rowland recalls, "The feedback I was getting from Gary [was] that she was struggling to accomplish tasks in a timely manner, namely, hauling up rolls ... to the operating floor, which is a key task of utility on both machines, that she just was really having trouble keeping up with the required rate for that job ... and she was — required constant supervision. She was not highly motivated [and would] leave assignments." (Doc. 40, Rowland Dep. at 35.) Rowland was also concerned that Burroughs appeared to be having problems with heat-related issues.¹¹ (Doc. 42, Rowland Affidavit at ¶ 25.)

Rowland believed that there were questions about Cheatham's supervision of plaintiff and whether he had provided her with sufficient feedback. (Doc. 42, Rowland Affidavit at ¶ 25.) As a result Rowland believed that, in fairness, "extending her probationary period was a better option than terminating or ... giving her permanent employment." (Doc. 40, Rowland Dep. at 42.) Mike Wade, HR manager agreed. (Doc. 42, Rowland Affidavit at ¶ 27.)

On June 13, 2003 Rowland, another manager (Jayson Davis), and the Union's Vice-President met with Burroughs, and told her that her progress during her probation period had not reached a satisfactory level of performance and that her orientation period, would be extended. (Doc. 42, Rowland Affidavit at ¶ 27; Pl. Ans. to Interrog. 1.) Burroughs was told that her probationary period was extended because "we were concerned that we didn't have a good fit between her and the job" for the reasons discussed, including the heat-related incidents on May 14 and June 4, 2003. (Doc. 42, Rowland Affidavit. ¶ 28; Doc. 69 Exhibit 38) On June 13, 2003 Burroughs probationary period was formally extended "for a period of 90 days, through September 1, 2003." (Doc. 69, Exhibit 37)

Sexual Harassment Training

Beginning in 1999 Smurfit disseminated EEO sexual harassment policies to all new employees and also to supervisors promoted since that time. (Doc. 69, Wade Dep., p. 32) In 2002, Smurfit provided training to managers and supervisors. (Id. at 234-236) Smurfit has provided departmental training and general purpose training via posting notices periodically on the company wide bulletin boards. (Id. at 188-189.) Managers and supervisors training also included video and worksheet materials related to the anti-harassment policy. (Id. at 238-239)

Defendant Godwin stated that he never received any training with regard to sexual harassment or race discrimination during his tenure at Smurfit. (Doc.69, Godwin Dep. p. 33.) Godwin also maintains that he never received any type of handbook from the company or any materials on policies or procedures or...