Glowacki v. O'Reilly Auto Enters.

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JEREMIAH L. GLOWACKI, Plaintiff, v. O'REILLY AUTO ENTERPRISES, LLC, Defendant.

No. 1:21-cv-868

United States District Court, W.D. Michigan, Southern Division

January 5, 2023

OPINION

HALA Y. JARBOU CHIEF UNITED STATES DISTRICT JUDGE

Plaintiff Jeremiah L. Glowacki is a former employee of Defendant O'Reilly Auto Enterprises, LLC. He alleges that O'Reilly terminated him in retaliation for reporting sexual harassment, violating Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000(e) et seq., and Michigan's Elliot-Larsen Civil Rights Act (ELCRA), Mich Comp. Laws § 37.2701. Before the Court is O'Reilly's motion for summary judgment (ECF No. 22). For the reasons herein, the Court will deny the motion.

I. BACKGROUND

The following is a summary of the evidence, viewing the facts in a light most favorable to Glowacki.

A. Glowacki's Role at O'Reilly

Glowacki worked for O'Reilly from 2011 to 2020. (See Glowacki Dep. 7, ECF No. 26-1.) He began working for the company as a Store Manager and was promoted to District Manager in 2017. (Id. at 15.) As District Manager, he reported to a Regional Manager and a Regional Field Sales Manager (“RFSM”). (Id. at 35.) Tony Kaupp was his RFSM. (Id. at 33.) His most recent Regional Manager was Dave Rudolph. (Id. at 17.)

B. O'Reilly's Harassment Policies

O'Reilly maintains a policy prohibiting sexual harassment, discrimination, and retaliation in the workplace. (Policy, ECF No. 22-2, PageID.82.) The policy requires those who “feel [they have] been subjected to unwelcome harassment or discrimination by a member of management, another team member, or a non-employee . . . to report the situation as soon as possible.” (Id.) An employee must “report their allegations verbally or in writing directly to his/her supervisor or another member of management, division human resources specialist/manager, or Team Member Relations[.]” (Id., PageID.83.)

O'Reilly provides training to its managers regarding sexual harassment. Its training presentation informs managers that they are to “treat all harassment or discrimination allegations seriously and confidentially.” (O'Reilly Presentation, ECF No. 22-4, PageID.90-91.) Managers are obligated to report the allegations, even if the “team member” making the allegations asks the manager not to take any action. (Id., PageID.91.) Glowacki last attended a harassment training presentation in May 2019. (Training Log, ECF No. 22-3, PageID.85.)

C. Bowdich Tells Glowacki About Harassment by Her District Manager (2018)

In early 2018, Glowacki made an online connection with Danielle Bowdich, a Store Manager in Utah. They developed a personal relationship, and he visited her in April later that year. (Glowacki Dep. 46-47.) Because they worked in difference states and he did not supervise her, share direct reports with her, or report to the same supervisor, O'Reilly's policies did not prohibit their personal relationship. (Glowacki Decl. ¶ 6, ECF No. 26-2.) During Glowacki's visit to Utah, Bowdich told him that her District Manager, Jeff Gooch, would do “weird things,” such as “drop roses on her car and leave” or bring soup to her when she was sick. (Glowacki Dep. 48.) She was “pretty vague” about the details and told him she was “going to take care of it.” (Id. at 47.)

D. Glowacki Observes Harassment of Bowdich by Gooch (2019)

Glowacki regularly attended O'Reilly's annual leadership conference with other managers from around the country, including Bowdich. At the conference in January 2019, while Glowacki and Bowdich were sitting together, Gooch texted Bowdich “crazy stuff” suggesting that he was “mad at her”; he was apparently jealous about Glowacki. (Id. at 49.) She showed the texts to Glowacki. (Id.) She also told Glowacki that Gooch had tried to kiss her. (Id. at 51.) Later, Glowacki saw Gooch caressing Bowdich's hair and putting his hands on her shoulders. (Id. at 50.) Glowacki spotted Kaupp and immediately reported Gooch's behavior. (Id. at 49.) Dave Short, a Store Manager, was present as well. (Id. at 43.) Both Kaupp and Short had seen Gooch's conduct. (Id.) Kaupp told Glowacki “not to do anything about it.” (Id. at 49.)

E. Bowdich Tells Glowacki About More Harassment by Gooch (2020)

Glowacki and Bowdich did not speak to one another very often for the rest of the year. He communicated with her again at the leadership conference in January 2020. On January 24, 2020, he texted her to see how she was doing. She responded that Gooch was “back to his shenanigans last night.” (Id. at 61.) She told him that he had “grabbed another team member's ass” and then tried to hug Bowdich. (Id. at 61-62.)

F. Glowacki Reports Gooch's Harassment of Bowdich to O'Reilly

After receiving Bowdich's texts, Glowacki immediately went to Joey Kraska, a human resources representative for O'Reilly, and reported Gooch's behavior. (Id. at 62.) Kraska determined that Wayne Robinson was the human resources manager responsible for Bowdich's division. (Kraska Dep. 28, ECF No. 26-6.) Glowacki and Kraska then went to find Robinson. After they did so, Glowacki gave Robinson a written statement about Gooch's behavior toward Bowdich. (Id. at 29; see 1/24/2020 Glowacki Statement, ECF No. 26-7.)

According to Glowacki's statement, Bowdich told him in 2018 that Gooch had been “sexually harassing her.” (1/24/2020 Glowacki Statement, PageID.761.) Gooch had put roses on her car, brought soup to her home, and then “confessed his love to her” in front of other employees at the leadership conference in January 2018. (Id.) At the 2019 conference, Gooch “got very mad” and “was acting jealous.” (Id.) He sent Bowdich text messages saying “that he was mad [be]cause [Glowacki] was there.” (Id.) After she confronted Gooch about it, Glowacki saw him rubbing her shoulders and “caressing” her hair. (Id.) Finally, during the 2020 conference, Bowdich told Glowacki that Gooch had harassed her again in front of other employees.

In addition to the written statement, Glowacki told Robinson that others were aware of Gooch's behavior. Bowdich had told Glowacki that “her entire team in Utah already knew about [Gooch's] behavior.” (Glowacki Decl. ¶ 12.) And at the 2019 conference, other managers saw Gooch's harassing behavior, including Kaupp. (Id. ¶ 13.) Glowacki reported these details to Robinson. (Id.)

G. O'Reilly Investigates Gooch's Report and Terminates Gooch

O'Reilly investigated Glowacki's allegations. According to O'Reilly's investigation records, Robinson spoke with Bowdich. She reportedly told Robinson that Gooch had pursued a romantic relationship with her for several years and she rebuffed him. (O'Reilly Compl. Rep., ECF No. 26-8, PageID.764.) The pursuit involved “unwanted personal contact” and “inappropriate and unprofessional electronic messages, phone calls, and in-person communication.” (Id.) He also sent her “inappropriate photos and unwanted gifts[.]” (Id.) Finally, at the 2020 conference, he “acted unprofessional towards her and others at the hotel bar”; “his behavior included unwanted touching and unprofessional statements.” (Id.)

Robinson's investigation confirmed that other employees had witnessed or were aware of Gooch's harassing behavior toward Bowdich. For instance, Emmalee Malone, a Store Manager, reported that Bowdich had complained to her in March 2019 that Gooch “was trying to have a relationship with her and wouldn't stop asking her about it.” (Malone Statement, ECF No. 26-9, PageID.839.) A few months later, Bowdich told Malone that Gooch “was still bothering her and that it was getting worse.” (Id.) He had sent her a nude picture of himself and told her that “he couldn't work with her so she would not be able to advance in [her] district.” (Id.)

Similarly, Kristin Beard, another manager, said that at a prior conference, she saw Gooch put his arm around Bowdich and another employee and tell them that he was “going to take them upstairs.” (Beard Statement, ECF No. 26-9, PageID.840.) That conduct made Beard “uncomfortable.” (Id., PageID.840.) She compared it to a more recent incident at the 2020 conference in which Gooch sat down next to Beard, put his arm around her, and squeezed her leg. (Id.)

Neil Armstrong, a Store Manager, reported that he noticed “some uncomfortability between” Gooch and Bowdich at the 2018 conference and that “it was obvious something happened.” (Armstrong Statement, ECF No. 26-9, PageID.820.) At the 2019 conference, Bowdich asked Armstrong to walk her to her room because “something had happened the year before” involving Gooch. Bowdich said Gooch had told her that his feelings for her “caused a problem in his decision to be [Regional Manager] and who to make . . . [District Manager].” (Id.)

Courtney Hawthorn, a Store Manager, saw Gooch make inappropriate sexual remarks in front of several female employees at the 2020 conference. (Hawthorn Statement, ECF No. 26-9, PageID.797.) He also touched Hawthorn inappropriately. (Id.) Bowdich subsequently told Hawthorn that Bowdich “had a history with [Gooch] harrasing [sic] her in the past,” which Hawthorn “had heard.” (Id., PageID.798.)

Kevin Eggett, a District Manager, saw Gooch put his arm around Beard and Bowdich on different occasions during the 2020 conference. (Eggett Statement, ECF No. 36-9, PageID.829.)

Michael Conner, a Store Manager, saw Gooch put his hands on Bowdich's shoulders during the 2020 conference. (Conner Statement, ECF No. 26-9, PageID.823.) Gooch then put his head on the side of her face, and she attempted to pull away from him. (Id., PageID.824.) Another employee tried to intervene by pulling Gooch way from Bowdich. (Id.) Shortly after that incident, a different employee told Conner that Gooch had grabbed her butt. (Id.) Later, yet another employee reported to Conner that Gooch...