Gustafson v. Genesco, Inc.

320 F.Supp.3d 1032

Hannah GUSTAFSON, Plaintiff,

v.GENESCO, INC. d/b/a/ Journeys and Journeys Kidz; and William Bryce Pierce, Defendants.

Case No. 4:16–CV–00478–SMR–CFB

United States District Court, S.D. Iowa, Central Division.

Signed June 8, 2018

Brooke C. Timmer, Whitney C. Judkins, Fiedler & Timmer, P.L.L.C., Johnston, IA, for Plaintiff.

Cameron A. Davidson, Heninger & Heninger PC, Davenport, IA, Jeffrey D. Wright, Pappas O'Connor, PC, Rock Island, IL, Christopher A. Kragnes, Kragnes & Associates PC, Des Moines, IA, for Defendants.

ORDER DENYING MOTION FOR SUMMARY JUDGMENT

STEPHANIE M. ROSE, JUDGE UNITED STATES DISTRICT COURT

Plaintiff Hannah Gustafson sues Defendants Genesco, Inc. ("Genesco") and William Pierce for violations of Title VII of the Civil Rights Act of 1964 ("Title VII") and the Iowa Civil Rights Act ("ICRA"). [ECF No. 7 at 4–5]. On April 16, 2018, Genesco filed a Motion for Summary Judgment. [ECF No. 73]. Defendant Pierce joined Genesco's Motion for Summary Judgment. [ECF No. 75]. Gustafson resists Genesco's Motion for Summary Judgment. [ECF No. 81]. The parties requested oral argument, however, the Court finds this matter can be appropriately resolved without it. See LR 7(c). As explained below, Genesco's Motion for Summary Judgment is DENIED.

I. BACKGROUND

Gustafson is a resident of Warren County, Iowa. [ECF No. 8 ¶ 2]. Gustafson began working at Journeys Kidz shoe store, as a part-time sales associate, at the Jordan Creek Mall, on May 13, 2014. [ECF No. 81–2 ¶¶ 2, 5]. This was her first job and she was hired shortly after turning sixteen. [ECF No. 81–3 at 75]. Katie Jobes was the store manager at Journeys Kidz when Gustafson was initially hired. Id. at 37, 75. Genesco is a Tennessee corporation, and does business as Journeys and Journeys Kidz. [ECF No. 81–1 ¶ 1].

Genesco has an anti-harassment and discrimination policy that details procedures for reporting harassment or discrimination at its Journeys stores. [ECF No. 73–1 ¶ 11]. The policy states that employees should report all perceived incidents of illegal harassment or discrimination to their supervisor. Id. ¶ 15. The policy also states that

[i]f the employee does not feel comfortable discussing the situation with his or her supervisor or is not satisfied with the action taken by the supervisor, the employee should contact the Human Resources Department, Suite 264, Post Office Box 731, Nashville, Tennessee 37202–0731, by telephone at (615) 367–7598 or (800) 404–5370 or via email at respect@genesco.com. An individual is not require to discuss the concern with the alleged harasser. An individual is not required to discuss the concern with his or her immediate supervisor.

[ECF No. 73–2 at 199]. Genesco maintains that Gustafson electronically signed and acknowledged that she had received and reviewed Genesco's anti-harassment and discrimination policy during her orientation by inputting the last four digits of her social security number into a computer to indicate she had reviewed the policy. [ECF Nos. 73–1 ¶ 17; 81–1 ¶ 12].

However, when Gustafson was hired, Jobes filled out Gustafson's new hire paperwork for her. [ECF No. 81–3 at 75]. Jobes stood at a computer and scrolled through the information as quickly as possible. Id. Jobes would scroll to the end of a page and checkmark boxes without explaining the information or giving Gustafson a chance to read it. [ECF No. 81–3 at 75]. Jobes would then ask Gustafson for the last four digits of her social security number to enter at the appropriate prompts. Id. Jobes entered the last four digits of Gustafson's social security number for her. Id. Jobes told Gustafson the harassment policy was not important to review. Id. Gustafson had never seen the harassment policy while she worked for Genesco. Id. at 40. Other employees say they were unaware of the anti-harassment and discrimination policy. [ECF No. 81–1 ¶ 11]. Genesco maintains that copies of its anti-harassment policy were posted in various locations where Gustafson worked, but Gustafson and other employees do not remember ever seeing copies of the anti-harassment policy posted. Id. ¶ 19.

Cody Gilbert replaced Jobes as the store manager at Journeys Kidz in July 2014. [ECF No. 73–2 at 34]. On or about September 13, 2014, Gustafson was transferred from Journeys Kidz (the "Kids shoe store") to the Journeys adult shoe store (the "Adult shoe store") in the same mall. [ECF No. 73–1 ¶ 3]. Gustafson was transferred because the Adult shoe store was busier and needed the extra help. [ECF No. 81–3 at 43]. Gilbert liked Gustafson and said she was a good employee. [ECF No. 73–2 at 134–35]. Gilbert had no other problems or issues with Gustafson. Id. at 135. Gustafson's pay and position remained the same after the transfer. [ECF No. 73–1 ¶ 3]. Gilbert remained the store manager of the Kids shoe store after Gustafson was transferred to the Adult shoe store. [ECF No. 73–2 at 134–36].

At all relevant times during Gustafson's employment, Kimberly Jordan was the district manager of both the Kids shoe store and the Adult shoe store. Id. ¶ 7. Gustafson understood Jordan was the boss of all the Journeys stores and the boss of the managers of the Journeys stores. Id. Gustafson and Jordan felt comfortable with each other, and Gustafson believed she could go to Jordan with any issues or concerns. Id. ¶ 8. Jordan was also very comfortable with Gustafson and believed they had a really good relationship. Id. But Gustafson did not have Jordan's phone number while working for Genesco and did not know how to get into contact with her. [ECF No. 81–1 ¶ 8].

When Gustafson transferred to the Adult shoe store, the store manager was Tim Tasler. [ECF No. 73–2 at 136]. Gustafson did not have any issues or problems with him. Id. Then on or about March 20, 2015, Genesco hired Defendant William Pierce as the store manager of the Adult shoe store to replace Tasler. [ECF No. 73–1 ¶ 6]. Pierce was twenty-six years old at this time. [ECF No. 81–2 ¶ 9]. Pierce weighs approximately 270 pounds and is about six feet tall. Id. ¶ 10. Pierce was the highest ranking supervisor that worked at the Adult shoe store, and had the authority to discipline employees under his supervision. Id. ¶¶ 13, 14. Pierce considered Gustafson to be a good employee, and was not aware of any deficiencies in her job performance. [ECF No. 81–3 at 108]. Gustafson alleges after Genesco hired Pierce as the store manager of the Adult shoe store he began to sexually harass her. Gustafson worked at the Adult shoe store for approximately twenty-four days while Pierce was the store manager. [ECF No. 81–1 ¶¶ 6, 10].

The first alleged incident of sexual harassment occurred between March 20, 2015 and March 31, 2015. [ECF No. 73–1 ¶ 23]. Gustafson alleges Pierce sent her an inappropriate text message. Id. Pierce first texted Gustafson around midnight to tell her she did a good job at work that day.¹ [ECF No. 81–3 at 165]. Gustafson responded it was no problem. Id. Pierce then said he was sorry if he woke her up, and Gustafson responded it was okay. Id. Pierce then texted Gustafson: "I think my body is just so worn out to. I worked 83 hours this week and when I left bdubs tonight I had the worst damn cramp ever in my left thigh......." Id. at 170. Pierce sent this text message at 1:10 a.m. Id. Pierce then texted "I just need a hot tub lol." Id. This message was sent at 1:11 a.m. Id. Gustafson felt very unnerved and did not respond further. Id. at 165. Gustafson was still sixteen years old at the time of the text message exchange.

The second alleged incident of sexual harassment occurred approximately in the first week of April 2015 when Pierce and Gustafson were working alone after the store had closed. [ECF No. 83–1 at 165]. During this time, Pierce bought Gustafson a coffee from Starbucks and kept insisting she drink it. Id. Pierce pressured her to drink the coffee so much Gustafson became worried he had slipped something into it. Id. Pierce also asked Gustafson some inappropriate questions. Id. Pierce asked Gustafson if she liked to party and drink alcohol. Id. Gustafson responded no and reminded Pierce she was sixteen years old. Id. Pierce asked Gustafson if she had a boyfriend, and he asked if could give her a ride home from work, despite knowing that Gustafson's mom was picking her up. Id. Pierce asked Gustafson where she lived several times. Id. Gustafson lied to Pierce about where she lived so he would not know her address and told him her mother would be picking her up. Id. Pierce also told Gustafson he had a full bar at his hotel and invited her for a drink at the hotel. Id. Gustafson answered Pierce's questions because she wanted to be nice and worked the remaining portion of her shift. [ECF No. 73–2 at 68, 70]. Pierce's behavior made Gustafson uncomfortable because she thought he wanted to get her intoxicated in his hotel room. Id. at 97. Gustafson thought Pierce's questions could have been sexual in nature and she did not want to take any chances. [ECF No. 73–2 at 90].

The third alleged incident of sexual harassment occurred after the night Gustafson worked late with Pierce. A young man entered the Adult shoe store and asked if Journeys was hiring. Id. at 71. Pierce said Journeys was hiring. Id. The young man began flirting with Gustafson, and he asked Pierce if he could work with Gustafson if he was hired. Id. at 71–72. Pierce then insinuated Gustafson was a lesbian and told the young man he would not be allowed to work with her. Id. at 72. Gustafson interpreted Pierce's statements as being sexual and defensive in nature. Id. at 91. She thought Pierce's statements were out of the ordinary and not right. Id.

Pierce's behavior drove Gustafson to ask Gilbert if she could transfer back to the Kids shoe store. Gustafson went and spoke with Gilbert twice about her issues with Pierce. Id. at 72–74, 78. Both of her conversations with Gilbert occurred after the second alleged incident of sexual harassment took place. Id. at 65, 72–74, 78, 95...