Dinkins v. Charoen Pokphand Usa, Inc.

133 F.Supp.2d 1237

Mary Nell DINKINS, et al., Plaintiffs, v. CHAROEN POKPHAND USA, INC., Defendant.

Equal Employment Opportunity, Comm'n, Plaintiff, v. Charoen Pokphand USA, Inc., et al., Defendants.

No. CIV. A. 99-D-847-N.

No. CIV. A. 99-D-1389-N.

United States District Court, M.D. Alabama, Northern Division.

February 15, 2001.

COPYRIGHT MATERIAL OMITTED

C. Gregory Stewart, Gwendolyn Y. Reams, Washington, DC, Jerome C. Rose, Pamela K. Agee, Jill L. Vincent, Mildred Byrd, Birmingham, AL, for EEOC.

Roderick K. Nelson, Patricia Anne Gill, Spain & Gillon, Birmingham, AL, William F. Patty, Daniel O. Rodgers, Beers Anderson Jackson Nelson Hughes & Patty, Montgomery, AL, for Charoen Pokphand.

Horace G. Williams, Courtney Reilly Pothoff, Joel P. Smith, "Chip" Williams, Williams, Pothoff, Williams & Smith, Eufala, AL, for Patrick Smith.

MEMORANDUM OPINION AND ORDER

DE MENT, District Judge.

This is a consolidated case. Two motions are before the court in the EEOC case, 99-D-1389-N. The first is a Motion For Summary Judgment Against The Equal Employment Opportunity Commission,¹ which was filed by Defendant Charoen Pokphand, USA, Inc.,² on November 27, 2000. EEOC issued a Response on December 29, 2000,³ and Defendant filed two replies along with a Motion To Strike. EEOC responded to the Motion To Strike within the time periods prescribed by the court. The court also invited the parties to submit additional materials, and they did so. After careful consideration of the arguments of counsel, the relevant law, and the record as a whole, the court finds that the Motion For Summary Judgment and the Motion To Strike are both due to be granted and denied in part.

I. JURISDICTION AND VENUE

The court exercises subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331 (federal question jurisdiction).

II. SUMMARY JUDGMENT STANDARD

The court construes the evidence and makes factual inferences in the light most favorable to the nonmoving party. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Summary judgment is entered only if it is shown "that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." FED. R. CIV. P. 56(c). At this juncture, the court does not "weigh the evidence and determine the truth of the matter," but solely determines whether there is more than "metaphysical doubt" as to whether there is a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-50, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986) (citations omitted); Matsushita Elec. Indus. Corp. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

III. FACTUAL BACKGROUND

This civil action involves allegations of pervasive, systemic discrimination against a class of women employed at Defendant Charoen Pokphand's live chicken processing plant in Baker Hill, Ala. Between October 1998 and March 1999, six women filed numerous charges with EEOC, each alleging sex- and gender-based discrimination with respect to job assignment, pay, and terms of employment. The complaints alleged that the plant's supervisors subjected them to humiliating, offensive contact on a daily basis. They also alleged that plant supervisors ignored or disregarded the company's sexual harassment policy, thereby contributing to a hostile work environment.

EEOC investigated the charges and ultimately sent Defendant a letter stating that it reasonably believed that Defendant had discriminated against a class of women. The agency offered to resolve these matters via conciliation, but Defendant demurred. EEOC subsequently brought this civil action, which the court consolidated with the Dinkins case, 99-D-847-N. The court addresses those claims in a separate memorandum opinion.

IV. DISCUSSION

This case raises three discrete issues. First, does the court have subject matter jurisdiction? Second, should the court consider certain materials presented in an affidavit? Third, did Defendant's conduct amount to sexual harassment, and if so, can Defendant take advantage of any affirmative defenses? The court turns to each of these issues in turn, and finds that none of the arguments are sufficient grounds for a complete grant of summary judgment.

A. Subject Matter Jurisdiction

The court first considers CP's arguments that the court lacks subject matter jurisdiction because EEOC failed to satisfy all of the statutory conditions precedent to filing suit. (Am. Compl. ¶ 6.) CP essentially raises three objections: (1) EEOC did not engage in good faith conciliation; (2) EEOC's suit is broader than the matters it conciliated; and (3) EEOC's suit is untimely.⁴ The court addresses each argument in turn, and finds that they are unpersuasive, except with respect to one particular group of statutory claims that was not conciliated. Therefore, the court finds that it has jurisdiction over this civil action, and EEOC may proceed on all grounds save its ADA claims. See EEOC v. Times-Picayune Pub. Corp., 500 F.2d 392, 392-93 (5th Cir.1974) (per curiam) (agency satisfies jurisdictional requirements through notice pleading; any objections not raised by Defendant are thereafter waived).⁵

1. Adequacy of conciliation efforts

Congress recognizes that the courtroom is not always the best forum for settling workplace disputes. Many employers choose to mend their ways after negotiation and mediation; many employees would prefer a speedy, non-adversarial resolution of their claims. Therefore, EEOC must be mindful of Congress's determination that administrative tribunals are often better suited "to handle the complicated issues involved in employment discrimination cases," and that "the sorting out of the complexities surrounding employment discrimination can give rise to enormous expenditure of judicial resources in already heavily overburdened Federal district courts." Pearce v. Barry Sable Diamonds, 912 F.Supp. 149, 153 (E.D.Pa. 1996) (internal citations omitted).

Because one of EEOC's "most essential functions is to attempt conciliation," it must satisfy several conditions before filing suit. EEOC v. Pet, Inc., 612 F.2d 1001, 1002 (5th Cir.1980) (per curiam). First, EEOC must receive a complaint from one of the company's employees. Then, within the next ten days, EEOC must serve written notice of the charge upon the employer. If EEOC determines "that there is not reasonable cause to believe that the charge is true," it shall notify both the complainant and the employer of its findings and dismiss the complaint. See 42 U.S.C. § 2000e-5(b). If EEOC determines "that there is reasonable cause to believe that the charge is true," then it has a statutory duty to "endeavor to eliminate any such alleged unlawful employment practice by informal methods of conference, conciliation, and persuasion." Id. The EEOC may sue the employer only if: (1) more than 30 days have passed since the employee's initial complaint; and (2) the parties have not reached "a conciliation agreement acceptable to the Commission." 29 C.F.R. § 1601.27 (interpreting 42 U.S.C. § 2000e-5(f)(1)).

EEOC has the burden of proving compliance with Title VII's conditions precedent. See FED. R. CIV. P. 8(c). Although the statute does not expressly define EEOC's precise investigatory and conciliatory duties, the judiciary has established two principal requirements. First, the agency must conduct a reasonable investigation of the charging party's complaints. Second, the agency must attempt conciliation in good faith. See EEOC v. Klingler Elec. Corp., 636 F.2d 104, 107 (5th Cir. 1981). As the Court has stated, in describing the judiciary's role in evaluating conciliation efforts, "the fundamental question is the reasonableness and responsiveness of the EEOC's conduct under all the circumstances." Id.

The EEOC has fulfilled its statutory duty to attempt conciliation if it outlines to the employer the reasonable cause for its belief that Title VII has been violated, offers an opportunity for voluntary compliance, and responds in a reasonable and flexible manner to the reasonable attitudes of the employer.

Id. (citations omitted); see also Marshall v. Sun Oil Co., 605 F.2d 1331, 1334-39 (5th Cir.1979).

Thus, the court must look to see whether EEOC made satisfactory and good faith efforts in the conciliation process. To this extent, the absolute refusal to bargain is unacceptable. See EEOC v. Sears, Roebuck & Co., 490 F.Supp. 1245, 1255 (M.D.Ala.1980). So is the refusal to conciliate with a local employer after bringing suit against the nationwide chain and failing to provide adequate notice of possible discrimination close to home.⁶ See id. Likewise, bad faith may exist if the agency refuses to continue negotiations with an employer who has extended a counteroffer to the agency's opening offer. See Pet, Inc., 612 F.2d at 1002; EEOC v. One Bratenahl Place Condominium Ass'n, 644 F.Supp. 218, 219-20 (N.D.Ohio 1986).

But the line between hard bargaining and heavy-handedness is a fine one, in deed, and a court should not scrutinize "the details of the offers and counteroffers between the parties," or "impose its notions of what the agreement should provide, any more than it would if dealing with labor contract negotiations under the Labor Management Relations Act." EEOC v. Zia Co., 582 F.2d 527, 533 (10th Cir. 1978). See also EEOC v. Keco Indus., Inc., 748 F.2d 1097, 1102 (6th Cir.1984); EEOC v. Sears, Roebuck & Co., 1980 WL 108 at *13 (N.D.Ga.1980); EEOC v. Mitsubishi Motor Mfg. of Am., 990 F.Supp. 1059, 1091 (C.D.Ill.1998); EEOC v. Pacific Maritime Ass'n, 188 F.R.D. 379, 381 (D.Or.1999). Moreover, because conciliation is a two-way street, no useful purpose is served by requiring EEOC to attempt further conciliation after an employer rejects its offer. See Keco, 748 F.2d at 1101-02. Cf. Marshall, 605 F.2d at 1335 (same for A...