Motley v. Tractor Supply Co.

32 F.Supp.2d 1026

James A. MOTLEY, Plaintiff, v. TRACTOR SUPPLY COMPANY, Defendant.

No. IP 95-0308-C M/S.

United States District Court, S.D. Indiana, Indianapolis Division.

July 23, 1998.

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Kenneth Collier-Magar, Collier-Magar, Indianapolis, IN, for plaintiff.

Charles W. Pautsch, Joseph Gumina, Wessels & Pautsch, Milwaukee, WI, for defendant.

ORDER ON MOTION FOR SUMMARY JUDGMENT

McKINNEY, District Judge.

This matter is before the Court on a motion filed March 2, 1998, by the defendant, Tractor Supply Company ("TSC"), seeking summary judgment in its favor on all claims raised in the complaint. TSC argues that the plaintiff, James A. Motley ("Motley"), has failed to present sufficient evidence to show that he was subjected to a hostile work environment because of his race, or that he was retaliated against for filing a charge of discrimination, or that he was terminated for a discriminatory reason. Motley filed his initial complaint in state court on February 13, 1995, but it was removed to this Court on March 8, 1995, after which an amended complaint was filed on July 23, 1996. In it, Motley alleges that his former employer, TSC, discriminated against him because of his race and in retaliation for filing a charge of discrimination with the Indiana Civil Rights Commission ("ICRC"), all of which violated Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., as amended ("Title VII").

In response, TSC filed a counterclaim against Motley charging him with presenting false claims, in bad faith, because of his own racial animus, and with conspiring to deprive others of equal protection of the laws. Specifically, defendant alleges that Motley maliciously ridiculed and harassed other TSC employees, and threatened them with physical harm. Relying on 42 U.S.C. § 1985(3) for its counter-complaint, TSC seeks money damages and injunctive relief.

TSC's counter-claim issues are not included in the pending summary judgment motion, and will not be addressed at this time. The March 1998 motion for summary judgment is the second such motion filed by the defendant, the first having been withdrawn after the Seventh Circuit's ruling in Pryner v. Tractor Supply Co., 109 F.3d 354 (7th Cir.), cert. denied, ___ U.S. ___, 118 S.Ct. 294, 139 L.Ed.2d 227 (1997).¹ Both sides have thoroughly presented their positions with respect to the merits of the Title VII claims, as well as their supporting evidence, and the Court is now prepared to rule on the motion. For the reasons given below, defendant TSC's motion for summary judgment is GRANTED, in part, and DENIED, in part.

I. FACTUAL BACKGROUND

James A. Motley, an African-American resident of Indianapolis, began working for TSC, a national retailer of home, farm and auto supplies, in May of 1990. Motley Aff. ¶ 2. Initially he worked as a janitor in TSC's Indianapolis distribution center ("Distribution Center"), but he subsequently became a warehouse associate, or "picker." Id. ¶ 3. A picker's job involved separating the merchandise delivered by truck to the Distribution Center, for subsequent delivery to TSC's various retail store outlets in several states. Id. After a ninety-day probationary period, Motley became a member of the collective bargaining unit at the Distribution Center in August 1990, and as such he was covered by the terms and conditions of a collective bargaining agreement ("CBA") between TSC and the Chauffeurs, Teamsters, Warehousemen and Helpers Local Union No. 135 (the "Union"). Def's Ex. A, Paxton's First Aff., Exs. 2, 3 ("Paxton I Aff."). He was classified as a "25%" worker, which meant that he would be assigned at various times to different areas and supervisors. Motley Dep. Dated October 24, 1994, at 225 ("ICRC Dep.").

According to Distribution Center manager, Lloyd Paxton ("Paxton"), the CBA between the Union and TSC had successive three year terms during the time Motley worked for the defendant: one from April 30, 1990, to April 30, 1993, and a second from April 30, 1993, to April 30, 1996. Paxton I Aff.Ex. 2, 3. It included provisions that prohibited discrimination by either the Union or the employer on the basis of, among other things, race, color or national origin, as well as a clause agreeing that all disputes "involving interpretation or application of the provisions of" the CBA would be subject to binding arbitration. Id. Contract negotiations during the relevant periods were often marked by labor unrest. Motley Dep. Dated September 14, 1995, at 157 ("Fed.Dep."); Paxton I Aff. ¶ 8. Unidentified employees engaged in vandalism, dissemination of anti-management literature, and various other visual displays of union members' displeasure. Motley witnessed this type of activity when he first started working at TSC, and again during 1993. Fed.Dep. at 157. It appears that during labor negotiations the workplace became unpleasant and tense at times.

However, Motley claims the workplace was even more unpleasant for him. He claims to have been harassed because of his race during the course of his employment and accuses a white co-worker, Keith Bland ("Bland"), of harassing him from the beginning of his employment at TSC. Motley Aff. ¶ 6. The only incident Motley specifically described occurred within a month of the time Motley began at TSC, in May 1990. ICRC Dep. at 98-99. Bland allegedly told Motley that Bland had not "kicked a nigger's ass in a long time." Id. Motley complained right away to the manager of the Distribution Center, Steve Lippman, who told him he could do nothing about it because Motley was still a probationary employee. Motley Aff. ¶ 4. According to Motley, the Union's representative told him the same thing. Id. Bland allegedly "continued to harass Motley" by using racial slurs and threats, which ultimately led to a physical confrontation between the two on June 13, 1995. Motley stated that these incidents "would be reported to my immediate supervisor and at no time was any action taken against Bland" till the June 1995 incident. Motley Aff. ¶ 6. Both Bland and Motley were given a three-day suspension for this incident, Bland for using racially derogatory language, Motley for physically threatening Bland, and both of them for fighting. Id., Ex. A, B. Motley has presented no corroborating evidence from anyone who may have witnessed Bland's earlier behavior.

Another person who allegedly harassed Motley was MacKendall Pompey ("Pompey"), an African-American who was promoted to a supervisory position at the Distribution Center in 1991. ICRC Dep. at 212; Paxton's Second Aff. ¶ 2 ("Paxton II Aff."). According to Motley, once Pompey was promoted "the racist came out of" him. ICRC Dep. at 150. Pompey allegedly referred to Motley as "boy" and "poor trash," and once he called him a "stupid nigger." ICRC Dep. at 68, 220. The latter incident occurred in April of 1993, after Motley had filed a grievance and a charge of discrimination naming another supervisor, Lisa Ooley ("Ooley"), as one who had harassed him. Id.

Motley complained that Ooley, who became a supervisor in February of 1993, harassed him because of Pompey's instructions to do so. ICRC Dep. at 212; Fed.Dep. at 239. Ooley never used any racial slurs or made any racial comments to Motley. ICRC Dep. at 212. Neither Pompey nor Ooley were ever direct supervisors of Motley's, and Ooley had no control over the terms and conditions of his employment. Id. at 214-15, 224. Yet, according to Motley, Ooley and Pompey both would comment on his performance and instruct him to stop talking, or get to work, or get back to his area, or criticize his picking. ICRC Dep. at 212-15, 224-26; Fed. Dep. at 82-83. Motley complained to his union steward about these incidents of alleged harassment, but not to management. ICRC Dep. at 154.

According to Motley, he also subjected to racial slurs or harassment by Mike Kerulis ("Kerulis"), another management employee. ICRC Dep. at 235. Kerulis was responsible for assigning Motley to a shift upon his return from a leave in November of 1993. Id. Having bid on the shift he had previously been working, Motley was surprised and upset to learn he was assigned to a different shift. Id. When he asked Kerulis about it, Kerulis allegedly stated "I can't keep you two niggers on the same shift," meaning Motley and co-worker Vince Pryner ("Pryner").² Id. At one other time after Motley returned from his leave and prior to his discharge, Kerulis reportedly used this same racial slur with reference to Motley. According to Jerry Bonebrake ("Bonebrake"), another co-worker of Motley's, Kerulis said he was going to "have to get rid of that nigger." Bonebrake Dep. at 60.

Another person allegedly using racial slurs and discriminating against Motley was Larry Goldberg ("Goldberg"), a TSC corporate vice-president. Motley Aff. ¶ 17. According to Motley, more than once Goldberg tried to "bribe" him to drop the ICRC action by asking him how he would like to make $73,000.00 a year as a plant manager in Omaha. Fed.Dep. at 133. This occurred approximately in late 1993 or early 1994. Id. at 133. Motley asked Goldberg, "is it guaranteed?" and Goldberg replied, "Nothing's guaranteed." Id. Motley then said, "Well, hell, I don't want it then." Id. After that comment, Goldberg allegedly said, "That's the problem with your black ass ... Can't do nothing for you." Fed.Dep. at 133-34. A subsequent exchange between the two, at an unspecified time, allegedly involved Goldberg's use of the word "nigger," which Motley said he reported to Paxton. Fed.Dep. at 134. The incident is not mentioned in either of Paxton's affidavits, and no deposition testimony was provided from Paxton.

Nevertheless, other TSC workers reported having heard a supervisor using a racial slur. According to co-worker Sandra Dugger ("Dugger"), supervisor Ray Kilbarger ("Kilbarger") used the word "nigger," but not in connection with any specific...