Atkins v. LQ Management, LLC

138 F. Supp. 3d 961, 2015 U.S. Dist. LEXIS 133062, 2015 WL 5773581
CourtDistrict Court, M.D. Tennessee
DecidedSeptember 30, 2015
DocketNo. 3:13-00562
StatusPublished

This text of 138 F. Supp. 3d 961 (Atkins v. LQ Management, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atkins v. LQ Management, LLC, 138 F. Supp. 3d 961, 2015 U.S. Dist. LEXIS 133062, 2015 WL 5773581 (M.D. Tenn. 2015).

Opinion

FINDINGS OF FACT AND CONCLUSIONS OF LAW

KEVIN H. SHARP, District Judge.

In this diversity case alleging employment'discrimination in violation of the Tennessee Human Rights Act (“THRÁ”), Tenn.Code Ann. § 4-21-101 et seq., the sole remaining claim is whether any one or more pf the Plaintiffs was. subjected to a hostile work environment.1 The Court held a bench trial on this issue from April 21-23, 2015, after which the parties were instructed to file proposed findings and conclusion and allowed to file supplemental briefs, the last of which was filed on July 29, 2015.

Having reviewed the parties’ proposed findings and conclusions, their arguments, the record, the exhibits received in evi[966]*966dence, and the testimony of the witnesses, after considering their interests and demeanor, the Court enters the following Findings of Fact and Conclusions of Law in accordance with Rule 52(a) of the Federal Rules of Civil Procedure. Except where the Court discusses different testimony on a specific issue, any contrary testimony on a specific matter has been rejected in favor of the specific fact found. Further, the Court omits from its recitation facts it deems to be immaterial to the issue presented. Finally, to the extent that a finding of fact constitutes a conclusion of law, the Court so concludes; to the extent that a conclusion of law constitutes a finding of fact, the Court so finds.

I.FINDINGS OF FACT

1. Plaintiffs Glenda Atkins, Crystal Ak-ridge, Darphelia Akridge, Doris Goodner and Chica Alexander, all African-American females, are former employees in the housekeeping department at the La Quinta Inn and Suites in Franklin, Tennessee. At all relevant times, Jeff Campbell, a Caucasian male, was the General Manager of the property, while Michelle Armour, an African-American female, served as Assistant General Manager.

A.

2. Ms. Atkins began'working for Dé-fendant LQ Management, LLC d/b/a La Quinta Inn and Suites2 in 2008 as a housekeeper at the La Quinta Inn on Sidco Drive in Nashville, Tennessee. She had no supervisory responsibilities in that position. However, after "approximately five years as a housekeeper, the General Manager of the property, Charles Livingston, asked Ms. Atkins if she had any interest in being the head housekeeper at the La Quinta Inn in Franklin, Tennessee. She responded in the affirmative.

3. Ms. Atkins met with Mr. Campbell, and was hired as the head housekeeper at the FranMin La Quinta in December 2011. This was a promotion and came with a raise.

4. As head housekeeper, Ms. Atkins checked to make sure all of the housekeepers had reported for work. She assigned them the floors they would be on, the rooms they would clean, and prepared the paperwork regarding those assignments. Occasionally, Ms. Atkins also cleaned rooms.

5. Although Defendant asserts that Ms. Atkins had no authority to hire, fire or discipline employees on her own, the credible evidence shows otherwise. Ms. Atkins was told by Mr. Campbell that she would be responsible for hiring and, in fact, she was responsible for hiring each of the other four Plaintiffs in this action. She did so after receiving an application and interviewing them. More often than not, the new housekeeping employee would start the same day as the interview, or the next day. Ms. Atkins also fired at least two employees while she was head housekeeper.

6. Ms. Atkins credibly testified that Mr. Campbell made what she considered to be untoward and/or racist comments, statements and/or actions at least twice a week.3 She testified these included:

(A) often using the word “monkey,” and saying that the housekeepers looked like a bunch of monkeys when they were standing in the hallway;
[967]*967(B) stating that President Obama did not know what race he was, and that he needed to go back to Africa;
(C) stating that he. would love to hire -a bunch of Latinos or Mexicans because they know how to work and African Americans do not;
(D) stating that he needed to get “some lighter color” in the hotel;
(E) talking about African Americans on welfare, and housekeepers living in the projects;
(F) saying that the first of the month was Mother’s Day because that was when government benefits are paid;
(G) saying that housekeepers would not come to work on welfare day;
(H) observing that African American women wear weaves in their hair, Caucasian women do not, and stating that horses were missing hair because of hair weaves;
(I) telling the African-American., employees to exit through the front of the hotel because “people were stealing”; and
(J) providing Caucasian housekeepers bottled water, but requiring African-American to drink from the water fountain.4

(Docket No. 81, Tr. Trans., Vol. I pp. 27-30).

7. On several occasions, Ms. Armour was present when Mr.' Campbell made comments about President Obama, including comments about the President’ not knowing his race and needing to go back to Africa.

8. At one time or another, each of the Plaintiffs complained to Ms. Atkins about Mr. Campbell,5 and, on several occasions, Ms. Atkins directly complained to Mr. Campbell about his comments. She told him the remarks were racist and that he could get in trouble for saying the things that he did. Mr. Campbell usually laughed and . shrugged the complaints off, as if everything was. a joke.'or “cute.”

9. Ms. Atkins was extremely proud that President Obama had been elected. She took particular umbrage at Mr. Campbell’s suggestion that the President should not have been elected and needed to go back to Africa, and she told Mr. Campbell as much.

10. At some point, Ms. Atkins learned from her ’co-workers that Mr. Campbell said he needed to “slap her black ass,” after she had been issued a speeding ticket. Mr. Campbell admitted making a comment' about smacking Ms. Atkins, but said he was only kidding.

11. Ms. Atkins also complained to Ms. Armour about, Mr. Campbell. ..She met with Ms. Armour in a room .at the hotel and told her Mr. Campbell’s statements “w[ere] not right,” that “he need[ed] to stop,” and that the “girls” were offended by his statements about the President, and his remarks about welfare and hair weaves. {Id. at 35). Ms. Armour told Ms. Atkins that she would talk to Mr. Campbell..' ,

12. In addition to complaining to both Mr. Campbell and Ms. Armour, Ms. Atkins-called an 800 hotline number that had been set up by La Quinta Inns for discrimination complaints. The, call went to voice-mail and she left her name and number, but received no return call.

■ 13. Mr. Campbell’s comments had' a negative emotional affect on Ms. Atkins. She dreaded going to work, did not like [968]*968working around Mr.

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Bluebook (online)
138 F. Supp. 3d 961, 2015 U.S. Dist. LEXIS 133062, 2015 WL 5773581, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atkins-v-lq-management-llc-tnmd-2015.