Artis v. Finishing Brands Holdings, Inc.

639 F. App'x 313
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 26, 2016
DocketNo. 15-5337
StatusPublished
Cited by9 cases

This text of 639 F. App'x 313 (Artis v. Finishing Brands Holdings, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Artis v. Finishing Brands Holdings, Inc., 639 F. App'x 313 (6th Cir. 2016).

Opinion

OPINION

SANDRA S. BECKWITH, District Judge.

Louis Artis appeals the summary judgment granted to Finishing Brands Holdings, Inc., (“FB”) on Artis’s failure to promote and hostile work environment claims. Artis argues that the district court erred in concluding that he was not the “plainly superior candidate” for promotion, and in concluding that he had not established a genuine dispute about pretext. He also contends that the court erred with respect to his hostile work environment when it found he had not shown severe or pervasive racial harassment.

We affirm the district court’s conclusion that Artis was not the “plainly superior candidate,” but reverse its conclusion that Artis failed to establish a genuine factual [315]*315dispute about pretext regarding his failure to promote claim. We also affirm with respect to Artis’s hostile work environment claim.

Louis Artis was hired by FB’s predecessor in 2000, to work in the Jackson, Tennessee manufacturing plant now owned by FB. FB manufactures spray guns and other industrial finishing equipment. Artis worked for over eight years as a machine operator and in the plant’s buffing department. Sometime in 2009 he applied for an assembler position in Department 2195, in a group called the “pump cell.” Tom Weaks is the Assembly Production Supervisor for that group, and Weaks offered Artis the job in August 2009. Department 2195 did not have a cell leader at that time, and other cell employees, including Weaks, Artis and Sherry Childs (a Caucasian coworker), performed the leader’s duties as needed.

Bob Battle was FB’s Director of Manufacturing at the Jackson plant. Jerry Day was hired by FB in June 2010 as a facility administrative coordinator, with responsibilities for human resource issues at the plant. Battle is Caucasian, and Day is African-American. On March 1,' 2012, Battle, Weaks, and Kim Quick (leader of FB’s “SPO” division) met to discuss several vacant positions, including that of cell leader in Department 2195. After that meeting, Battle told Day that Childs would be promoted to cell leader in Artis’s cell, and he wanted Kay Meadows to apply for a supervisor position. Later that day, Day sent a memo to Betty Schultz at FB’s corporate HR department, reporting that Battle, Weaks and Quick decided to “[p]ost position for ’Customer Service/Warehouse Supervisor or Lead. They are hoping for Kay Meadows to be successful in applying. Post position of Cell Leader over shipping if Kay get[s] the other position. Stevie Thomas is their recommending choice. Post position of Cell Leader over pumps. Their recommendation is Sherry Childs. Not sure I agree.” (R. 68-2, PAGEID 3002)

On March 14, 2012, Weaks completed performance evaluations for Artis and Childs. (R. 67-2, PAGEID 2988 (Artis) and R. 67-3, PAGEID 2993 (Childs).) The form includes ratings in nine performance areas using a 5-point scale, with 5 being the highest and 1 the lowest rating. Weaks generally gave Childs higher ratings for skill level and work quality and quantity, while Artis received higher ratings for interpersonal skills, and developing himself and others. Weaks wrote that Artis was a “role model for subordinates.” Weaks wrote that Childs “... is the highest producing assembler I’ve had in 6 years. She continually seeks out more responsibility while keeping current responsibilities in top shape. She has no quality complaints linked to her. She is there for the team where ever needed. Many days I look to her as an assistant for the unusual issues that come up.” (R. 67-3 at PAGEID 2996) Weaks gave Artis an overall rating of 3.5 and gave Childs 3.88.

On March 16, FB posted the position of cell leader in Department 2195, for which Artis and Childs both applied. Weaks and Day jointly interviewed both candidates, and completed a one-page matrix that evaluated the candidates in five areas: degree/diploma requirement; experience; skill/knowledge in decision making; skill/knowledge in leadership; and interpersonal. (R. 67, PAGEID 2985-2986) Each area was scored from 1 — 4, with 4 being the highest. Day gave Artis 16 points overall, and Childs 13; Weaks gave Artis 16 points overall, and Childs 17 points. Weaks chose Childs for the position, telling Artis that he did so because Childs was his most skillful assembler and had better organizational skills. Weaks [316]*316encouraged Artis to apply for future open positions.

After Childs was promoted, Artis testified that his relationship with her became “very difficult at times.” Childs criticized his work to other members of his department, and was “snappy” towards him. Ar-tis complained to Weaks and to Pete Kurtz, the plant’s Operations Manager. Pete Kurtz was transferred to the Jackson plant in March 2012 to assume some of Battle’s duties, and became Weaks’s direct supervisor. Kurtz investigated Artis’s complaints, and then met with Weaks, Ar-tis, and Childs. Artis and Childs expressed their mutual frustrations, they apologized to each other, and the situation appeared to resolve. Artis testified that their relationship improved, as “that hostility is no longer there between the two of us.” (R. 58-1, Artis Dep. at 277, PAGEID 641) If the situation with Childs should worsen again, Artis would be comfortable informing Kurtz, or reporting any concerns he may have about his workplace. (R. 59, Artis Dep. at 308-309, PAGEID 672-673) Since then, he has not received any discipline, and he was awarded a 3.5% pay increase on March 26,2013.

Artis filed his EEOC claim in June 2012, alleging that he was not promoted to cell leader based on his race. His subsequent district court complaint alleged claims of hostile work environment, discrimination, retaliation, failure to promote, and demotion of employment, all based on race in violation of Title VII and the analogous Tennessee Human Rights Act, T.C.A. § 4-21-101, et seq. (R. 1) FB moved for summary judgment (R. 47), supported by a statement of undisputed material facts (“SUMF”). (R. 48) For purposes of its motion, FB conceded Ar-tis’s prima facie failure-to-promote claim, and asserted that it promoted Childs based on her higher evaluation scores, her seniority, and her better skills as an assembler. Childs began working for FB as a temporary employee in 2005, became a permanent employee in 2006, and had been in Department 2195 for four years before she became cell leader.

The district court evaluated Artis’s pretext arguments under the two-prong analysis for failure to promote claims set forth in Rachells v. Cingular Wireless Emp. Servs., LLC, 732 F.3d 652, 668 (6th Cir. 2013): “(1) the plaintiff was a plainly superior candidate, such that no reasonable employer would have chosen the latter applicant over the former, or (2) plaintiff was as qualified if not better qualified than the successful applicant, and the record contains other probative evidence of discrimination.” In finding that Artis was not the “plainly superior candidate,” the district court compared his prior experience with Childs’s, and cited Weaks’s testimony that Childs was his most productive assembler. Weaks had supervised Childs since May 19, 2008, when she moved to Department 2195; he had supervised Artis since September 28, 2009, when Artis was promoted to assembler. Weaks believed that both of them were qualified but that Childs was the stronger candidate.

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Bluebook (online)
639 F. App'x 313, Counsel Stack Legal Research, https://law.counselstack.com/opinion/artis-v-finishing-brands-holdings-inc-ca6-2016.