Wilson v. Budco

762 F.Supp.2d 1047

Kim Lee WILSON, Plaintiff,

v.BUDCO, et al., Defendants.

Case No. 09–cv–13385.

United States District Court, E.D. Michigan, Southern Division.

Jan. 6, 2011.

Jennifer L. Lord, Raymond J. Sterling, Sterling Attorneys at Law, P.C., Farmington Hills, MI, for Plaintiff.Jennifer D. Rupert, Thomas L. Fleury, Keller Thoma, Detroit, MI, for Defendants.

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO STRIKE (docket no. 22) AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (docket no. 14)

STEPHEN J. MURPHY, III, District Judge.

Plaintiff Kim Wilson filed this action alleging that Defendants Budco, a Michigan corporation, and Larry Raymond, an operations manager with Budco, violated Title VII, 42 U.S.C. § 2000e et seq. (“Title VII”), the Michigan Elliot Larsen Civil Rights Act, Mich. Comp. Laws § 37.2101 et seq. (“ELCRA”), and 42 U.S.C. § 1981. Wilson also alleges that he was wrongfully discharged. Defendants moved for summary judgment on all claims. Subsequently, Raymond filed a motion to strike affidavits attached to Wilson's response to Defendants' motion. Both motions have been fully briefed. For the following reasons, the Court will grant in part and deny in part Defendants' motion to strike. Further, the Court will grant in part and deny in part Defendants' motion for summary judgment.

FACTS

Because the Court must view all facts in the light most favorable to the non-moving party when considering a summary judgment motion, to the extent that any facts are disputed, the facts set forth below represent Wilson's version of the events at issue. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Further, the facts below only recount those facts not presented in filings stricken by the Court, see, Analysis, Section A, infra.

A. Wilson's Employment History

Wilson, an African–American male, began working at Budco in 1993 as a temporary employee through Kelly Services, a temporary employment agency. In 1995, Wilson was hired by Budco as a full-time machine operator. Pl. Dep. 129. Wilson alleges that white employees, with similar backgrounds, were hired as permanent employees after working for only a few months at Budco, while African–Americans, including Wilson, worked for years before being hired as permanent employees. Id. at 37; Pl. Aff. ¶¶ 4,6 (docket no. 19 ex. A).

By 1997, Wilson was working on the night-shift as a machine operator in the DCXOM department, producing automotive owner's manuals for Chrysler. Pl. Dep. 130. In 2000, Wilson's shift had the highest output of all the shifts at Budco, and Wilson was promoted to the position of Level 3 Machine Operator. Id. at 132–34; Wilson Perf. Eval. at 23 (docket no. 19, ex. F). As a Level 3 Machine Operator, Wilson was tasked with supervising other workers and was responsible for the “set-up, operation, maintenance, and repair of machinery on the production floor.” Job Description (docket no. 14, ex. E).

In 2003, J.T. Holtzman was transferred to DCXOM and became Wilson's supervisor. Wilson's job evaluations generally indicated that he met or exceeded expectations and often praised his work quality and production output, though evaluations from 2003–2006 consistently noted that Wilson needed to improve his mechanical and trouble-shooting skills. Wilson Job Evaluations 2003–2006 (docket no. 14, ex. F). Wilson's job evaluations further noted that Wilson needed to “understand the importance” of attending all mandatory and scheduled Budco University classes. Id.

In the summer of 2007, Budco learned that Chrysler had contracted with another company to prepare its owner's manuals. As a result, Budco prepared to dissolve several of its departments, including DCXOM. Pl. Dep. 78–79. At that time, Keith Foether, Budco's general manager of operations, advised Wilson and another employee, Jeremy Page, that DCXOM would be dissolved by July 2008, but that Wilson and Page would be transferred to letter shop / bindery.¹ Id. at 193. Page left Budco and took a job with a competitor. Foether Dep. 17. Wilson also called a competitor about a job, but did not pursue the option because Foether “assured him” of a continuing position with Budco. Pl. Dep. 207.

In October 2007, Wilson transferred to a night-shift position in the bindery. Wilson remained a Level 3 Machine Operator, but, because the bindery department already had a supervisor, Leslie Peeples, Wilson no longer supervised other workers. Id. at 232, 234. Thus, Wilson was strictly responsible for troubleshooting and repairing the machines in the bindery department. Id. Raymond, who was an operations manager and Wilson's supervisor in bindery, stated that Wilson struggled in the bindery department and that he “never really fulfilled the responsibilities of an operator within the department. He still struggled with some of the setup responsibilities within the department.” Raymond Dep. 21–22. Wilson alleges, however, that while he worked in bindery, Peeples assigned him to tasks such as taking out the garbage and loading books into the machines, which frustrated his ability to perform his job of keeping the machines running. Pl. Dep. 249–251. Although Wilson spoke with Raymond about the issues that frustrated him, and was told that he was not responsible for these tasks, id., Wilson later discovered that Raymond was actually instructing Peeples to have him perform these duties. Id. at 254–55.

Further, Raymond often spoke to Wilson in a disrespectful manner. Raymond called him stupid, a “shithead,” and also said “you fucking people” to him. Id. at 297. When Wilson approached Raymond about an incident in which Raymond failed to relay a message that Wilson did not need to come into work early, Raymond responded that he did not want to hear it. Id. at 263. At one point, when Wilson asked Raymond what happened to Raymond's motorcycle, Raymond responded that he had sold his motorcycle for a Glock pistol, which he kept in his car “just in case,” in a manner Wilson believed to be threatening. Id. at 298, 409. Other employees, including Adria Hampton, Kenneth Adams, and Sherman Levingston ², similarly allege that Raymond spoke to African–Americans in a “demeaning” manner, and that Raymond referred to African–American women as “stupid bitches” and “lazy bitches.” Hampton Aff. ¶ 16 (docket no. 19, ex. B); Adams Aff. ¶¶ 7–8 (docket no. 19, ex. C).

In December 2007, Wilson sent Holtzman and Foether an email indicating that he was having problems with Raymond. Pl. Dep. 325, 330. Wilson acknowledges that he sent this letter to Holtzman despite the fact that he believed Holtzman was a racist and treated white employees preferentially. Id. Holtzman approached Wilson after receiving the letter and told him that Raymond had a different managing style than Holtzman, and that Wilson needed to treat the bindery department as if he was at a different job than when he was working in DCXOM with Holtzman as his supervisor. Id. at 331. When the issues had still not resolved by January 2008, however, a meeting was set up between Wilson, Holtzman, and Foether. Id. at 293. When Wilson arrived to the meeting, Raymond was also present. Id. at 295. According to Wilson, he attempted to explain to Holtzman and Foether the problems he was having with Raymond, including that Raymond had threatened him with a gun. Id. at 295–99. Wilson alleges that in response, Foether merely stated that he was not going to “tolerate this” and that Wilson needed to go out and do his job. Id. at 298–99. Wilson asserts that he never informed Human Resources of a problem because he was warned not to. Id. at 291.

A few days later, Raymond approached Wilson and said that he needed a “favor.” Id. at 300. According to Wilson, Raymond told him that production had gone down in DCXOM since Wilson left, and that Raymond needed Wilson to transfer back to DCXOM until it closed down, at which time he could return to a position in letter shop / bindery for which he had applied. Id. at 300. Defendants assert that this decision was made because Wilson was struggling in bindery and was unhappy, and because the supervisor of DCXOM had poor supervisory skills and let employees take longer lunch breaks than permitted by company policy. Foether Dep. 23; Holtzman Dep. 36–37; Raymond Dep. 44–48. Wilson believed he was only temporarily moving to DCXOM, but Raymond had, in fact, transferred him without his knowledge. After Wilson was back in DCXOM, Raymond approached him and held a bullet to his face stating “these bullets tear shit up”. Pl. Dep. 409–10.

In May 2008, the night-shift of the bindery department was shut down, and Wilson was transferred to the day-shift. Id. at 82, 334. In July 2008, the DCXOM department was shut down entirely and 11 permanent and temporary employees were laid off, including Wilson. All 11 employees were black. Wilson learned for the first time that morning that he was losing his job. Id. at 78. At that time, Wilson alleges that Holtzman gave him a handout for Kelly Services and wished him good-luck. Wilson Aff. ¶ 44 (docket no. 19, ex. A). Wilson also signed a change of status form, indicating that he was laid off as a result of Budco losing Chrysler's business, and that he was eligible for rehire. Pl. Dep. 374; Foether's Dep. 33–34; Status Change Form (docket no. 14, ex. K). When he contacted Select Staffing, another temporary employment agency through which Budco was posting its jobs, he was informed that he could not reapply because he was a former employee of the company. Wilson Aff. ¶ 45 (docket no. 19, ex. A).

B. Jeremy Page

A substantial portion of Wilson's claims are based on the assertion that he was treated differently than Jeremy Page, a white employee. Page worked the day shift as a Level 3 Machine Operator in the DCXOM department along with Wilson from 2003–2007. According to Wilson, Page was transferred to DCXOM because...