Franklin v. Flowserve FSD Corp., CASE NO. 6:14-cv-00040

LORAINE FRANKLIN, JR., Plaintiff, v. FLOWSERVE FSD CORPORATION, Defendant.

CASE NO. 6:14-cv-00040

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA LYNCHBURG DIVISION

November 5, 2015

MEMORANDUM OPINION

JUDGE NORMAN K. MOON

Plaintiff Loraine Franklin Jr. filed this action against defendant Flowserve US, Inc. ("Flowserve"), incorrectly named by plaintiff as Flowserve FSD Corporation, on October 10, 2014. Franklin alleges that Flowserve, in violation of both Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. ("Title VII"), and 42 U.S.C. § 1981 ("Section 1981"), racially discriminated against him when Flowserve terminated¹ and refused to rehire him.²

The matter is before the Court upon the parties' cross-motions for summary judgment. On September 28, 2015, the parties filed a Notice of Ripeness and "agree[d] that [the motion] is appropriate for decision without oral argument . . . ." See Notice of Ripeness Concerning Def.'s Mot. Summ. J, docket no. 27. The Court accordingly dispensed with oral argument.³

For the following reasons, I will grant defendant Flowserve's motion for summary judgment, and will deny plaintiff Franklin's cross-motion for summary judgment.

I. FACTUAL BACKGROUND

A. Franklin's Employment with Flowserve

In June 2008, Flowserve hired Franklin, an African-American individual, as a material handler. Dep. Loraine Franklin, Jr. 15:9-18. Flowserve laid Franklin off in June 2009 as part of a reduction in work force, but rehired Franklin, again as a material handler, in August 2010. Id. at 17:6-16. As a material handler, Franklin was required to, inter alia: pack, label, and ship units and parts; load trucks; maintain a clean and orderly work area; and perform various tasks as directed by his supervisor. Id. at 15:19-25.

In 2010, Flowserve provided Franklin with Flowserve's Code of Business Conduct ("Code") and with the U.S. Work Rules & Conduct Policy ("Work Rules"). Id. at 18:7-10, 19:15-20. The Code prohibits "[v]iolence in the workplace," defined as "threats of violence, bodily harm or physical intimidation," see Br. Supp. Def.'s Mot. Summ. J., Attach. 1, Ex. 1, at 8, and Franklin understood that compliance with the Code was a term and condition of his continued employment. Dep. Loraine Franklin, Jr. 19:8-11, 18:17-23. The Work Rules provide that fighting or attempting to fight another person or attempting to cause physical injury to another person is in violation of the Work Rules and will subject an employee to disciplinary action. Id. at 19:15-20, 22:20-25, 23:1.⁴

B. Franklin Confronts and Strikes a Coworker

On Friday, September 16, 2011, Franklin was in a bathroom stall at Flowserve. Dep. Loraine Franklin, Jr. 34:14-16. While Franklin was standing in the bathroom stall, an individual approached Franklin from behind and struck Franklin in his lower back area. Id. at 34:16-18, 36:6-9. The strike caused Franklin to lose his balance momentarily, but did not cause him to fall down or to bruise. Id. at 36:19-24.

On the following Monday, September 19, Franklin, suspecting coworker Tony Evans of striking him the previous Friday, approached and confronted Evans about the incident. Id. at 37:23-38:8. Franklin asked Evans why Evans struck him. Evans denied touching Franklin, Franklin "lost it," and Franklin, with his fist, struck Evans in the face, knocking him to the ground, causing his face to swell, and damaging his tooth. Id. at 38:1-24, 39:12-14. Evans did not retaliate or strike Franklin in return. Id.

C. Flowserve's Investigation of the Incident and Termination of Franklin's Employment

On the same day Franklin struck Evans, Franklin met with Alice Chicoine, Flowserve's Human Resource Manger, along with other individuals, about the incident. Dep. Loraine Franklin, Jr. 46:18-24. During the meeting, Franklin admitted that he approached and confronted Evans and that Evans denied striking Franklin in the bathroom. Franklin also admitted to striking Evans's face. Id. at 46:25-47:14. Franklin conceded to Chicoine that striking someone in the face constitutes workplace violence under Flowserve's Code, and admitted he knew that this constituted workplace violence before he struck Evans. Id. at 45:13-20.

After meeting with Franklin and several witnesses to the incident, Flowserve resolved to terminate Franklin's employment with Flowserve, ostensibly "because [Franklin] hit a coworkerin the face, committing workplace violence." Decl. Lynn White ¶ 3. On September 20, 2011, one day after the incident between Franklin and Evans, Chicoine advised Franklin that his employment with Flowserve was terminated because Franklin struck Evans in his face. Dep. Loraine Franklin, Jr. 60:9-17. On the following day, Alfreda Dixon,⁵ Human Resource Representative with Flowserve, accessed Flowserve's internal database and designated Franklin as ineligible for rehire because Franklin's employment was terminated for committing workplace violence. Decl. Alfreda Dixon ¶ 4; Br. Supp. Def.'s Mot. Summ. J., Attach 1, Ex. 3, at 1-2.

D. Flowserve's Refusal to Rehire Franklin

In 2013, approximately two years after Flowserve terminated Franklin's employment, Franklin applied for ten positions with Flowserve. Dep. Loraine Franklin, Jr. 71:21-25. Those positions included: two precision assembler positions; six material handler positions; one inventory control clerk position; and one industrial painter position. Br. Supp. Def.'s Mot. Summ. J., Attach. 1, Ex. D.

Flowserve hired Lamont Matthews, an African-American, for one of the precision assembler positions. Decl. Alfreda Dixon ¶ 7. Flowserve hired Aron Lucadamo for the other precision assembler position. Flowserve claims Lucadamo was hired because he was an existing employee who expressed an interest in the position and was therefore awarded the position pursuant to a union agreement with the International Association of Machinists and Aerospace Workers, Local Lodge #10. Id. at ¶ 8.⁶

For the material handler positions, Flowserve hired Charles Blankinship, Kevin Coles, Kenneth Cyrus, John Montgomery, Timothy Hardy, and Jonathan Navarro. Flowserve notes that Coles is African-American. Id. at ¶ 9.

Flowserve hired Corey Goff for the inventory control clerk position. Id. at ¶ 10. Flowserve did not consider anyone for, or hire anyone to fill, the industrial painter position. Instead, Flowserve cancelled the job posting as a cost-saving measure. Id. at ¶ 6.

Flowserve asserts that it did not consider Franklin for the two precision assembler positions, the six material handler positions, or the inventory control clerk position because Franklin was designated as ineligible for rehire in Flowserve's internal database.⁷ Id. Neither Matthews, Lucadamo, Blankinship, Coles, Cyrus, Montgomery, Hardy, Navarro, nor Goff were coded in Flowserve's system as ineligible for hire at the time they were hired. Id. Moreover, Flowserve was not aware that any of the above-named individuals hired for the positions for which Franklin applied ever struck a coworker in the face or otherwise committed workplace violence. Id.

E. James Erdly's Interaction with Corey Steele⁸

On April 24, 2013, James Erdly, a white male hired by Flowserve in May 2011 as general manager of operations, approached Corey Steele, a material handler, because Steele was standing outside of his designated work area. Dep. Cory Steele 11:10-17; Dep. Stewart D. Pennix 13:13-24; Dep. James Edward Erdly 8:24-9:5. Although there is some doubt about what exactly occurred between Erdly and Steele, the briefs, depositions, and discovery materials show that, atmost, Erdly placed his hands on Steele's shoulders, turned him around towards his work area, asked him to return to his work area, and pushed or shoved him in the direction of his work area at least once.⁹ Dep. Cory Steele 11:20-24; Dep. Stewart D. Pennix 13:16-14:2.

After the incident, Steele filed a grievance against Erdly with the local union. Pl.'s Mem. Opp'n Def.'s Mot. Summ. J., Attach. 1, Ex. 1. In response to the filing of Steele's grievance, Flowserve undertook an investigation of the incident and, on April 25, 2013, Chicoine and Dixon interviewed Erdly regarding the grievance. Opp'n Def.'s Mot. Summ. J., Attach. 1, Ex. 3. At the meeting, Erdly admitted that he "touched [Steele] on his shoulders from behind, turned [Steele] around and told him he needed to go back to his workstation," but denied pushing or shoving Steele. Opp'n Def.'s Mot. Summ. J., Attach. 1, Ex. 3, at 1-2. On April 30, Erdly again met with Chicoine and Dixon. Erdly revised his comments from the April 25 meeting that he "turned [Steele] around," and instead stated that, while he "did . . . put his hands on [Steele's] shoulders and told him to go back to work," Erdly did not forcibly turn Steele. Def.'s Mot. Summ. J., Attach. 1, Ex. 5, at 1.

On April 30, Chicoine and Dixon met with Mason Hudson, an assembler at Flowserve, and Stewart Pennix, an hourly employee at Flowserve. Hudson, who had witnessed the incident recounted that Erdly "grabbed [Steele] by the shoulder . . . turned him 90' and pushed him." Def.'s Mot. Summ. J., Attach. 1, Ex. 9, at 1. Hudson stated that the incident made him feel "embarrassed . . . awkward . . . uncomfortable and in a daze." Id. Pennix, who "witnessed the incident from start to end," stated that Erdly "told [Steele] to get back in his work area," thatErdly "turned [Steele] around," and that Erdly "pushed [Steele]." Def.'s Mot. Summ. J., Attach. 1, Ex. 10, at 1.

On May 1, 2013, Chicoine and Dixon, this time accompanied by Lynn White, Flowserve's General Manger, met with Pennix, Steele, and Erdly about the incident. Pennix, when asked if Erdly pushed Steele in a violent manner, responded that "the push was forceful." Def.'s Mot. Summ. J., Attach. 1, Ex. 11, at 1. Steele, when asked to describe how Erdly had pushed him, stated that the push was "real forceful." Def.'s Mot. Summ. J., Attach. 1, Ex. 12, at 1. Erdly, when questioned about the incident, admitted putting...