Rettiger v. Ibp, Inc.

980 F.Supp. 1182

Cecelia L. RETTIGER, Plaintiff, v. IBP, INC., Defendant.

No. 96-4105-SAC.

United States District Court, D. Kansas.

September 15, 1997.

COPYRIGHT MATERIAL OMITTED

Pantaleon Folrez, Jr., Florez & Frost, P.A., Topeka, KS, for Plaintiff.

Thomas E. Wright, Wright, Henson, Somers, Sebelius, Clark & Baker, Topeka, KS, Donald S. Lee, c/o Song Ping Lee, Topeka, KS, for Defendant.

MEMORANDUM AND ORDER

CROW, Senior District Judge.

This employment discrimination case comes before the court on the defendant's motion for summary judgment. (Dk.29). The plaintiff, Cecelia Rettiger ("Rettiger"), brings this action under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, alleging sexual harassment claims of hostile work environment and quid pro quo discrimination and a retaliation claim based on adverse actions taken after her complaints of sexual harassment. The defendant IBP, Inc. ("IBP") argues it is entitled to summary judgment as the plaintiff cannot prove respondeat superior liability for the hostile work environment claim and cannot prove critical elements to her quid pro quo and retaliation claims. The plaintiff opposes summary judgment on all claims and arguments.

SUMMARY JUDGMENT STANDARDS

A court grants a motion for summary judgment under Rule 56 of the Federal Rules of Civil Procedure if a genuine issue of material fact does not exist and if the movant is entitled to judgment as a matter of law. The court is to determine "whether there is the need for a trial — whether, in other words, there are any genuine factual issues that properly can be resolved only by a finder of fact because they may reasonably be resolved in favor of either party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 250, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986). "Only disputes over facts that might affect the outcome of the suit under the governing law will ... preclude summary judgment." Id. There are no genuine issues for trial if the record taken as a whole would not persuade a rational trier of fact to find for the nonmoving party. Matsushita Elec. Indust. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). "[T]here are cases where the evidence is so weak that the case does not raise a genuine issue of fact." Burnette v. Dow Chemical Co., 849 F.2d 1269, 1273 (10th Cir.1988).

The initial burden is with the movant to "point to those portions of the record that demonstrate an absence of a genuine issue of material fact given the relevant substantive law." Thomas v. Wichita Coca-Cola Bottling Co., 968 F.2d 1022, 1024 (10th Cir.), cert. denied, 506 U.S. 1013, 113 S.Ct. 635, 121 L.Ed.2d 566 (1992). If this burden is met, the nonmovant must "come forward with specific facts showing that there is a genuine issue for trial as to elements essential to" the nonmovant's claim or position. Martin v. Nannie and Newborns, Inc., 3 F.3d 1410, 1414 (10th Cir.1993) (citations omitted). The nonmovant's burden is more than a simple showing of "some metaphysical doubt as to the material facts," Matsushita, 475 U.S. at 586, 106 S.Ct. at 1355; it requires "`present[ing] sufficient evidence in specific, factual form for a jury to return a verdict in that party's favor.'" Thomas v. International Business Machines, 48 F.3d 478, 484 (10th Cir.1995) (quoting Bacchus Industries, Inc. v. Arvin Indus., Inc., 939 F.2d 887, 891 (10th Cir.1991)). The court views the evidence of record and draws all reasonable inferences in the light most favorable to the nonmovant. Id. A party relying on only conclusory allegations cannot defeat a properly supported motion for summary judgment. White v. York Intern. Corp., 45 F.3d 357, 363 (10th Cir. 1995).

More than a "disfavored procedural shortcut," summary judgment is an important procedure "designed `to secure the just, speedy and inexpensive determination of every action.' Fed.R.Civ.P. 1." Celotex Corp. v. Catrett, 477 U.S. 317, 327, 106 S.Ct. 2548, 2554, 91 L.Ed.2d 265 (1986). At the same time, a summary judgment motion does not empower a court to act as the jury and determine witness credibility, weigh the evidence, or choose between competing inferences. Windon Third Oil and Gas v. Federal Deposit Ins., 805 F.2d 342, 346 (10th Cir.1986), cert. denied, 480 U.S. 947, 107 S.Ct. 1605, 94 L.Ed.2d 791 (1987).

Summary judgments are "used sparingly in employment discrimination cases." Hardin v. Hussmann Corp., 45 F.3d 262, 264 (8th Cir.1995). This is because discrimination claims often turn on the employer's intent, McCoy v. WGN Continental Broadcasting Co., 957 F.2d 368, 370-71 (7th Cir.1992), and courts ordinarily consider summary judgment inappropriate to settle an issue like intent, Cone v. Longmont United Hosp. Ass'n, 14 F.3d 526, 530 (10th Cir.1994). Even so, summary judgment is not "per se improper," Washington v. Lake County, Ill., 969 F.2d 250, 253 (7th Cir.1992), and may be useful in weeding out claims and cases obviously lacking merit, Summers v. State Farm Mut. Auto. Ins. Co., 864 F.2d 700, 709 (10th Cir.1988), overruled on other grounds, McKennon v. Nashville Banner Pub. Co., 513 U.S. 352, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995). Thus, if the plaintiff's evidence fails to create any reasonable doubts about the employer's expressed lawful motive for taking the adverse employment action, summary judgment is proper. Cone, 14 F.3d at 530.

Though its normal practice is to set out all relevant uncontroverted facts, the court will dispense with that practice here. The defendant's motion focuses on several limited issues which can be discussed and decided without a full factual context. In an effort to save the time and expense of the court and parties, the court will simply summarize the relevant factual setting.

The defendant IBP maintains a facility in Emporia, Kansas, where it processes beef and pork. The plaintiff Rettiger was hired as a temporary, on-call chemist at IBP's Emporia facility on February 17, 1992. She worked there while attending Emporia State University as a full-time student. Rettiger's last day of work with IBP was on January 15, 1993.

Throughout the plaintiff's employment, Jennifer Bennett was the senior chemist and laboratory manager at the IBP's Emporia facility. As manager of the laboratory, Bennett supervised the plaintiff's work, interviewed and hired applicants for the laboratory, fired laboratory employees, increased or decreased laboratory employees' hours of work, and determined the amount and type of laboratory employee training. Bennett had interviewed the plaintiff and decided to hire her as a temporary on-call chemist in February of 1992.

During the plaintiff's employment, Dan Hutton worked in the laboratory as a chemist 1. Bennett testified that part of Hutton's duties included serving as the "supervising chemist" and "making sure" that the other laboratory employees "got their work done." (Bennett Dep., p. 25). The only other full-time employee in the laboratory was the junior chemist, Teresa Walford, who typically worked from 7:00 a.m. to 3:30 p.m.

Between October 7, 1992, and January 4, 1993, Bennett took a maternity leave of absence. During Bennett's absence, Hutton assumed some of Bennett's responsibilities as manager of the laboratory. According to Bennett, Hutton "only did the things that needed to be done while ... [she] was gone." (Bennett Dep. p. 24). According to Hutton, he did not consider himself in charge of the laboratory and only carried out Bennett's duties in generating daily analysis and reports, keeping up the paperwork, and answering the telephone. (Hutton Dep. p. 30-31). According to Walford, Hutton was in charge of the laboratory while Bennett was gone. (Walford Dep. p. 21). He "ran the lab" and supervised both Walford's work and the plaintiff Rettiger's work. (Walford Dep. p. 22). According to Rettiger, she hardly spoke to Bennett and Hutton was basically her supervisor. The plaintiff testified to occasions where Hutton either required her to work late or sent her home early.

In October of 1992, Rettiger confided in Walford that Hutton had been sexually harassing her for some time. The plaintiff said that Hutton wanted her to sleep with him, that Hutton had told her that he was attracted to her, that Hutton had kissed her, and that Hutton did not want to teach her other laboratory procedures unless she became "involved with him." (Walford Dep. pp. 13-14). Walford advised the plaintiff to report her complaints and to try to catch one of the incidents on a tape recorder.

Rettiger did not report the sexual harassment until December 8, 1992, when she went to Bennett's house and told Bennett of the sexual harassment. In part, the plaintiff told Bennett that Hutton had promised her more overtime hours if she would become closer with him. Bennett told the plaintiff to confront Hutton and warn him that the plaintiff would report him if the harassment continued. The plaintiff informed Bennett that she had already told Hutton that she was not interested in him. Bennett said she would call the personnel department to determine what more needed to be done. Later that same day, the plaintiff took her complaints of sexual harassment to the personnel department.

As part of the personnel department's investigation, written statements were collected from the employees. The plaintiff wrote that Hutton had complimented her appearance and told her of his attraction towards her; that Hutton had grabbed her and kissed her; that Hutton had placed his hands on her buttocks, legs, hands, and back; that Hutton had made sexually suggestive comments and had asked explicit sexual questions; that Hutton had stared at her; and that he had offered to teach her additional laboratory tests if she would have sex with him. The plaintiff also wrote that these events occurred when she and Hutton were the only ones working in the lab or that comments were made out of Walford's presence. The plaintiff wrote that Hutton...