Hightower v. Savannah River Remediation, LLC, Civil Action No. 1:13-cv-03558-JMC

John Wesley Hightower, Plaintiff, v. Savannah River Remediation, LLC, Defendant.

Civil Action No. 1:13-cv-03558-JMC

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION

March 23, 2016

ORDER AND OPINION

Plaintiff John Wesley Hightower ("Hightower") filed this action against his employer, Defendant Savannah River Remediation, LLC ("SRR"), alleging that he was subjected to (1) discrimination because of his race in violation of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. §§ 2000e-2000e-17; (2) retaliation for engaging in activity protected by Title VII; (3) interference with rights protected by the Family and Medical Leave Act of 1993 ("FMLA"), 29 U.S.C. §§ 2601-2654; and (4) retaliation for engaging in activity protected by the FMLA. (ECF No. 1.)

This matter is before the court on SRR's Motion for Summary Judgment pursuant to Fed. R. Civ. P. 56. (ECF No. 40.) In accordance with 28 U.S.C. § 636(b) and Local Civ. Rule 73.02(B)(2)(g) (D.S.C.), the matter was referred to United States Magistrate Judge Paige J. Gossett for pretrial handling. On November 24, 2015, the Magistrate Judge issued a Report and Recommendation in which she recommended that the court grant SRR's Motion for Summary Judgment as to all of Hightower's claims. (ECF No. 65.) Hightower filed Objections to the Magistrate Judge's Report and Recommendation, which are presently before the court. (ECF No. 69.) For the reasons set forth below, the court ACCEPTS the Magistrate Judge's recommendation and GRANTS SRR's Motion for Summary Judgment.

I. RELEVANT BACKGROUND TO PENDING MOTION

The facts of this matter are discussed in the Report and Recommendation. (ECF No. 65.) The court concludes, upon its own careful review of the record, that the Magistrate Judge's factual summation is accurate and incorporates it by reference. The court will only reference herein additional facts viewed in the light most favorable to Plaintiff that are pertinent to the analysis of her claims.

SRR "is the liquid waste contractor at the Savannah River Site, which is owned by the U.S. Department of Energy." SRR, http://www.srremediation.com (last visited Mar. 23, 2016). SRR operates 2 tank farms (Tank Farm H and Tank Farm F), a defense waste processing facility ("DWPF"), an effluent treatment facility ("ETF") and a saltstone facility. (ECF No. 40-1 at 2.) "Each of these operations works to process and store waste generated at the Savannah River Site." (Id.)

Hightower is a 59 year old, African-American male. (ECF No. 40-7 at 3/9:14-15.¹) Hightower is currently employed by SRR as a technical training advisor. (Id. at 18/67:7-19/70:13.) However, during the events that form the basis for this lawsuit, Hightower was employed as the training lead for tank farm/ETP and projects and he supervised a team of 16 subordinates that included the following individuals: Jeff Becker ("Becker"), Gordan Zipter ("Zipter"), Kathy Moore ("Moore"), Carol Sanderson, Mike Walls ("Walls"), Julius Myers, Steve Kolodziejczak ("Kolodziejczak"), Martha Grant, Mike Bevington, Les Martin, Bruce Hughey, Karen Bodiford, and Chris Parker.² (Id. at 10/36:9-11/39:2 & 27/104:8-105:7.) Hightower reported directly to SRR's training manager, Charles Lampley ("Lampley"), and itsmanager for emergency preparedness training and procedures, Paul Shedd ("Shedd"), was Hightower's next level manager. (Id. at 22/83:21-85:4.)

On November 5 through November 14, 2012, a Facility Evaluation Board³ ("FEB") conducted a routine operational evaluation on various operations within SRR's facilities. (Id. at 28/106:3-107:9.) During the operational evaluation, an assessor became concerned with how Walls and Kolodziejczack were responding to various inquiries. (Id. at 107:5-24 & 29/112:24-114:14.) As a result, the operational evaluation was suspended. (ECF Nos. 40-8 at 17/57:24-58:5 & 40-7 at 30/116:22-117:25.)

On November 14, 2012, Hightower contacted Becker to set up a meeting to discuss issues resulting from the operational evaluation. (ECF No. 40-7 at 31/120:22-121:6.) Becker requested that employees within the team be included in the meeting. (Id. at 121:7-18 & 32/122:13-123:13.) During the meeting, Hightower attempted to address the FEB's findings and recommendations. (Id. at 28/109:5-24.) Kolodziejczack became defensive and told Hightower that he felt as though Hightower was questioning his integrity because he was one of the instructors who performed the evaluation at issue. (Id. at 35/134:1-135:25.) Hightower responded that his comments were not meant to question anyone's integrity or be taken personally. (Id. at 136:24-137:11.) As Hightower tried to continue on with the meeting, Walls then became upset, started cussing and yelling at Hightower, stood up from his chair, and ran towards Hightower in a threatening way. (Id. at 29/111:23-112:20.) Becker, who was standing nearby, intercepted Walls and escorted him out of the meeting room. (Id.) After the meeting with his team ended, Hightower met with Lampley and told him about the incidents involving Walls and Kolodziejczack. (Id. at 40/156:8-14.)

On November 15, 2012, Hightower again spoke with Lampley about the team meeting because Hightower wanted to take disciplinary action against Walls. (ECF No. 40-8 at 13/41:10-42:23.) Lampley told Hightower that he would address the issue and discuss the situation more with Hightower and his team after Hightower returned to work from his medical leave. (ECF No. 40-7 at 41/159:16-25.) On the afternoon of November 15, 2012, Hightower began his medical leave. (Id. at 27/102:20-23 & 41/158:4-8.)

On November 16, 2012, Becker contacted Lampley to request a meeting involving Becker, Lampley, and other subordinates of Hightower. (ECF No. 40-8 at 18/63:16-64:14.) At the meeting with Lampley, individuals from Hightower's team (Becker, Kolodziejczack, Sanderson, Zipter, and Moore) conveyed their dissatisfaction with working conditions and Hightower's management style. (Id. at 19/68:18-20/70:11.) Immediately following this meeting, Lampley contacted the director of human resources, Ted Myers ("Myers"), and told him about the issues involving Hightower and his team. (Id. at 21/73:7-23.) Myers informed Lampley that the issues involving Hightower and his team could not be addressed until he returned from medical leave. (Id.)

On or about November 19, 2012, Lampley called Hightower to see how he was doing after his surgery. (ECF No. 40-7 at 50/194:16-22 & 196:6-10.) During this conversation, Hightower learned that members of his team had met with Lampley, but Lampley did not discuss specifics of the meeting. (Id. at 51/198:2-5.) After speaking with Lampley, Hightower called Lavoris Curry, the deputy human resources director, on November 20, 2012. (Id. at 47/183:1-8 & 51/200:13.) Hightower told Curry about the issues he was having with his team, but Curry told Hightower to not worry about the issues until he returned to work from medical leave. (Id. at 183:11-25.)

On December 19, 2012, Lampley contacted Hightower to schedule a meeting on December 20, 2012, between Lampley, Hightower, and Myers. (Id. at 49/191:2-192:5.) Hightower then contacted Stephanie Franklin ("Franklin"), the head of SRR's EEO department, to schedule a meeting also for the following day. (Id. at 48/188:13-23.)

On December 20, 2012, Hightower met with Lampley and Myers. (Id. at 51/200:14-16.) During this meeting, Lampley and Myers shared with Hightower the complaints that Lampley had received from Hightower's team. (Id. at 200:17-201:21.) Myers and Lampley asked Hightower to meet with his team and apologize for issues that had been caused by his management style. (Id. at 201:16-21.) Although he did not agree with what was being said, Hightower agreed that he would apologize to his team. (Id. at 51/201:22-52/202:2.)

Also on December 20, 2012, Hightower spoke with Lampley about utilizing the work-hardening program as a way of re-acclimating himself to a full day's work. (ECF No. 40-7 at 108.) Work hardening was a policy offered by SRR that would permit Hightower to work a half a day and then use short term disability time to take the afternoon off. (ECF No. 40-7 at 54/213:11-55/214:12 & 70/277:7-25.) During their meeting, Lampley approved Hightower to use work-hardening to combine vacation days and short term disability, but Lampley retracted his prior approval the following day. (Id.) Lampley sent Hightower an e-mail explaining that he would not be able to use short term disability time through the work hardening program as was originally planned and approved. (ECF No. 40-7 at 108.)

Lampley and Shedd met with Hightower's group on January 2, 2013, and explained to them that Hightower would be returning as the training lead and that he and the group would work through their issues. (ECF No. 40-11 at 26/97:11-98:14.) On January 3, 2013, Lampley sent Hightower an email to remind him that the "key to your successful re-entry as the TFTraining Lead was going to be you addressing your team with an open apology and a commitment to improve your relationship with them." (ECF No. 40-7 at 110.) Lampley further explained that he, Myers, and Shedd had come up with "thoughts on what your approach should be," "talking points" to consider, and a draft script. (Id.) On January 4, 2013, Lampley was informed by Hightower that he refused to accept blame for the November 14, 2012 meeting and, therefore, would not be apologizing for that meeting. (Id. at 52/204:7-205:12.)

On January 7, 2013, Hightower returned to work. (Id. at 57/19-24.) Later that day, Franklin contacted Lampley and Shedd and informed them that Hightower had filed a complaint with SRR's EEO and that no action was to be made with Hightower's team during the EEO investigation. (ECF Nos. 40-7 at 60/237:25-61/238:9 & 40-11 at 36/138:6-18.) On January 8, 2013, Hightower met with Franklin to discuss the complaint that he had made with SRR's EEO office. (Id. at 239:22-240:1-22.) During their meeting,...