Quiroz v. ConocoPhillips Co.

310 F.Supp.3d 1271

Rudy QUIROZ, Plaintiff,

v.CONOCOPHILLIPS COMPANY, Defendant.

No. CIV 14–1057 JB/WPL

United States District Court, D. New Mexico.

Filed March 5, 2018

Michael Newell, Newell Law Firm, LLC, Lovington, New Mexico, Attorney for the Plaintiff

Robert J. Sutphin, John C. Anderson, Holland & Hart, LLP, Santa Fe, New Mexico and Robert Shawn Oller, Christie L. Kriegsfeld, Littler Mendelson, P.C., Phoenix, Arizona, Attorneys for the Defendant

MEMORANDUM OPINION AND AMENDED ORDER ¹

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE

THIS MATTER comes before the Court on the Defendant's Motion for Summary Judgment, filed November 16, 2015 (Doc. 36)("MSJ"). The Court held a hearing on September 26, 2016. The primary issues are: (i) whether a genuine dispute of material fact exists regarding Plaintiff Rudy Quiroz' claims for racial discrimination under Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e–2, and under the New Mexico Human Rights Act, N.M. Stat. Ann. § 28–1–7(A) ("NMHRA"), against Defendant ConocoPhillips Company; and (ii) whether Quiroz performed an act that public policy authorizes or encourages relating to his claim for wrongful termination-retaliatory discharge. The Court concludes that: (i) a genuine dispute of material fact exists regarding Quiroz' racial discrimination claims; and (ii) Quiroz did not perform an act that public policy authorizes or encourages, and, therefore, Quiroz' wrongful termination-retaliatory discharge claim fails. Accordingly, the Court grants the MSJ in part and denies it in part.

FACTUAL BACKGROUND

The Court draws the factual background from the parties' assertions of undisputed material fact in their summary judgment motion papers. See MSJ ¶¶ 1–75, at 2–15; Response of Plaintiff Rudy Quiroz to Defendant's Motion for Summary Judgment ¶¶ 1–75, at 1–19, filed December 8, 2015 (Doc. 41)("Response"); Defendant's Reply in Support of its Motion for Summary Judgment at 1–13, filed December 31, 2015 (Doc. 46)("Reply").

1. Quiroz' Employment with ConocoPhillips.

Quiroz began working for ConocoPhillips in 1986. See MSJ ¶ 1, at 2 (asserting this fact)(citing Oral Deposition of Rudy Quiroz at 45:10–13 (taken October 12, 2015)("Quiroz Depo.") ); Response ¶ 1, at 1 (admitting this fact). During his employment, Quiroz received several promotions and held the position of Production Supervisor at the time ConocoPhillips terminated him. See MSJ ¶ 2, at 3 (asserting this fact)(citing Quiroz Depo. at 45:22–50:12); Response ¶ 2, at 1 (admitting this fact). As a Production Supervisor, Quiroz managed a group of employees who maintained well sites and a CO2 plant called the "Buckeye Operations" in southwest New Mexico. MSJ ¶ 3, at 3 (asserting this fact)(citing Quiroz Depo. at 54:11–56:22; id. at 68:16–24); Response ¶ 3, at 1 (not disputing this fact). A production supervisor "directs, coordinates and supervises all operational activities within his assigned area that are necessary to safely and efficiently produce and process the oil and gas streams while adhering to all company and governmental policies, guidelines and regulations." MSJ ¶ 3, at 3 (asserting this fact)(citing Quiroz Depo. at 54:11–56:22; id. at 68:16–24). See Response ¶ 3, at 1 (not disputing this fact). Quiroz' reporting responsibilities included "report[ing] the numbers to the environmental group who reported directly to Tommy Brooks. With respect to entries into IMPACT, the people responsible for making those entries are the [Health, Safety, and Environmental ("HSE") lead employees], who at the time was John Gates." Response ¶ 3, at 1 (asserting this fact)(alteration added)(citing Quiroz Depo. at 74:1–9).²

IMPACT is a reporting system that ConocoPhillips uses to track problems involving its facilities. See MSJ ¶ 4, at 3 (asserting this fact)(citing Oral Deposition of Donald John Blair at 34:1–37:17 (taken October 13, 2015)("Blair Depo.") ); Response ¶ 4, at 2 (admitting this fact). Health, Safety, and Environmental ("HSE") lead employees are responsible for supporting Production Supervisors like Quiroz, and his boss, Tommy Brooks, "all of whom can input any incidents into the IMPACT system." MSJ ¶ 4, at 3 (asserting this fact)(citing Blair Depo. at 34:1–37:17).³ Quiroz "understood that IMPACT is the internal reporting mechanism to track all incidents." MSJ ¶ 5, at 3 (asserting this fact)(citing Quiroz Depo. at 69:19–73:25); Response ¶ 5, at 2 (admitting this fact). The HSE department reviewed the information entered into IMPACT and determined if an investigation was needed. See Response ¶ 5, at 2 (asserting this fact)(citing Quiroz Depo. at 72:2–19).⁴ "On an issue such as a release in the Buckeye area, Quiroz would be responsible to provide closure or cleanup information to one of the HSE people." See Response ¶ 4, at 2 (asserting this fact)(citing Blair Depo. at 37:2–17).⁵

Quiroz was the only Production Supervisor for the Buckeye area. See Response ¶ 6, at 2 (asserting this fact)(citing Quiroz Depo. at 53:14–54:10).⁶ The employees that directly reported to Quiroz were Production Foreman Dennis Ross, Kenny Kidd, Plant Foreman Keith Price, HSE Leads John Gates and Jose Zapata, Production Specialist Steve Slater, and Mechanic Phillip Valencia. See MSJ ¶ 6, at 3 (asserting this fact)(citing Quiroz Depo. at 53:17–21; id. at 56:23–59:5; id. at 61:3–7); Response ¶ 6, at 2 (admitting this fact). All of these employees below Quiroz were on the same level in ConocoPhillips' corporate hierarchy. See MSJ ¶ 6, at 4 (asserting this fact)(citing Quiroz Depo. at 53:17–21; id. at 56:23–59:5; id. at 61:3–7); Response ¶ 6, at 2 (admitting this fact). Quiroz does not know the national origin, in contrast to race, of any of these employees, but he knows that Ross is African–American, that Kidd, Price, Gates, and Slater are Anglo, and that Zapata "looks" and Valencia "appears to be" Hispanic. MSJ ¶ 7, at 4 (asserting this fact)(citing Quiroz Depo. at 59:6–60:22); Response ¶ 7, at 2 (admitting this fact). Quiroz reported to Superintendent Tommy Brooks, who reported to Operations Manager Ty Maxey. See MSJ ¶ 8, at 4 (asserting this fact)(citing Quiroz Depo. at 50:13–53:13); Response ¶ 8, at 2 (admitting this fact). Vice President of the Mid Continent Business Unit William Patterson was Maxey's superior.⁷

"During his employment, Quiroz received two disciplinary actions." MSJ ¶ 9, at 4 (asserting this fact)(citing Quiroz Depo. at 76:4–86:15). See Response ¶ 9, at 3 (admitting this fact). The first "related to his failure to properly supervise a contract employee." MSJ ¶ 9, at 4 (asserting this fact)(citing Quiroz Depo. at 76:4–86:15).⁸ Quiroz was reprimanded for allowing a contract employee to assist with philanthropic activities, but Larry Dean, the Project Manager at the Buckeye facility, was not reprimanded, "even though he had four contractors on the Philanthropic Committee." Response ¶ 9, at 3 (asserting this fact)(citing Quiroz Depo. at 76:4–86:15).⁹ Quiroz' second disciplinary action related to Quiroz stating that he likes coffee the way he likes women, "black, hot and strong," a comment that a female African–American employee overheard. MSJ ¶ 9, at 4 (asserting this fact)(citing Quiroz Depo. at 76:4–86:15).¹⁰

2. ConocoPhillips' Employment Policies and Procedures.

"ConocoPhillips maintains an Equal Employment Opportunity Policy that Quiroz received, read, and understood during his employment. He also understood that he was an at-will employee who could be terminated with or without cause at any time." MSJ ¶ 10, at 4 (asserting this fact)(citing Quiroz Depo. at 87:8–88:16).

See Response ¶ 10, at 3 (admitting this fact). The Equal Employment Opportunity Policy states in part:

The Company will not participate in nor condone any unlawful discrimination of any kind. This applies to, but is not limited to recruitment, advertising, hiring, training, promotion, transfer, demotion, layoff, termination, rate of pay or other forms of compensation, and all other aspects of employment.

....

Retaliatory treatment of any employee reporting discrimination, harassment, or other prohibited behavior is strictly forbidden and should be reported immediately to his/her supervisor, manager or human resources representative, HR Manager, Advisor of Employee Relations, or the Ethics Hotline.

Response ¶ 10, at 3 (asserting this fact)(citing Equal Employment Opportunity Policy at 2–3 (dated September 1, 2013), filed December 8, 2015 (Doc. 41–14) ).¹¹ This policy applied to all ConocoPhillips employees. See Response ¶ 11, at 3 (asserting this fact)(citing Quiroz Depo. at 89:2–20).¹²

"ConocoPhillips also maintains a Code of Business Ethics and Conduct ... and Quiroz understood that if he failed to abide" by it, he could be disciplined or terminated. MSJ ¶ 11, at 4–5 (asserting this fact)(citing Code of Business Ethics and Conduct at 10, filed November 16, 2015 (Doc. 36–12)("Code of Conduct") ). See Response ¶ 11, at 3 (admitting this fact). The Code of Conduct states in part: "Supervisors have a special responsibility as leaders to act in a manner reflecting their position of trust and influence. If you are a supervisor you must: act as a role model by demonstrating a commitment to ConocoPhillips' culture of integrity, compliance and ethics...." MSJ ¶ 12, at 5 (asserting this fact)(quoting Code of Conduct at 10). See Response ¶ 12, at 3 (admitting this fact). The Code of Conduct also requires supervisors to "promptly report through appropriate channels all information received concerning any potential violation of company policy, regulations or the law." MSJ ¶ 12, at 5 (asserting this fact)(quoting Code of Conduct at 10). See Response ¶ 12, at 3 (admitting this fact). "Quiroz understood these requirements and annually certified that he was in compliance." MSJ ¶ 12, at 5 (asserting this fact)(citing Quiroz Depo. at 90:2–91:18). See Response ¶ 12, at 3 (admitting this fact). The Code of Conduct makes no distinction "between supervisory levels with respect to...