Austin v. Caterpillar, Inc.

67 F. App'x 956
CourtCourt of Appeals for the Seventh Circuit
DecidedJune 16, 2003
DocketNo. 02-3703
StatusPublished
Cited by1 cases

This text of 67 F. App'x 956 (Austin v. Caterpillar, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Austin v. Caterpillar, Inc., 67 F. App'x 956 (7th Cir. 2003).

Opinion

ORDER

Heather Austin was discharged by her employer, Caterpillar, Inc. After obtaining a right-to-sue letter from the EEOC, Ms. Austin filed a Title VII action in the district court. She alleged a hostile work environment and retaliatory discharge and also sought punitive damages. In response to Caterpillar’s motion for summary judgment, Ms. Austin conceded that her hostile work environment claim was outside of the scope of the right-to-sue letter. The district court then granted summary judgment to Caterpillar on the retaliation claim and declined to address the punitive damages issue because it was moot.

For the reasons set forth in this order, we affirm the judgment of the district court.

I

BACKGROUND

A. Facts

On August 14, 2000, Ms. Austin began work as a distribution technician at Caterpillar’s Engine Center in Lafayette, Indiana. She was responsible for stocking parts to assigned areas of the assembly line and for ordering parts when necessary. Caterpillar emphasizes the significance of its employees’ working as a team. For example, Ms. Austin’s job duties required that she assist technicians in other areas when she had completed tasks that were her primary responsibility. Ms. Austin’s immediate supervisor was Becky Edmond, the shift materials and distribution supervisor. Edmond did not have the authority to terminate subordinates. Harry Joyce, the general shift supervisor, had such authority.

On August 16, 2000, Ms. Austin overheard her coworker, Shawn Baker, making disparaging and offensive remarks about African Americans and biraeial children. Ms. Austin, who is white, has a biraeial child, and she kept a picture of her child on the forklift that she drove. She claims that Baker had seen this picture and that his hostile remarks offended her. Ms. Austin testified in her deposition that she immediately complained to her supervisor Becky Edmond and that Edmond’s response was only to tell her to get along with her teammates. Edmond’s deposition indicates that Ms. Austin did not lodge a complaint with her at that time. Immediately after Baker made his remarks, another team member and peer of Ms. Austin, Mavis Easterday, criticized Baker for his statement. Moreover, although Ms. Austin claims it was insincere, Baker apologized to Ms. Austin several days after he made the comment.

Approximately one month later, on September 15, 2000, Baker made a second [958]*958racially charged comment.1 Easterday again admonished Baker for his insensitivity, and Ms. Austin immediately complained to Becky Edmond. Edmond testified that she spoke to Baker the same day and that Baker indicated he was quoting a media report rather than making the racially hostile remarks himself. Nevertheless, Edmond verbally admonished Baker to monitor his language more carefully. Ms. Austin testified that, when she asked Ms. Edmond about what steps she had taken to handle the complaint about Baker, Edmond told her she had done nothing. Both Edmond and Joyce testified that at some time Edmond relayed to Joyce that she had handled the situation by admonishing Baker not to use such language in the workplace.

Ms. Austin was a probationary employee at Caterpillar and therefore subject to termination at will. Ms. Austin’s personnel file indicates a number of e-mails and voice messages from employees regarding Ms. Austin’s overstocking or understocking the assembly line, which her co-workers commented could result in serious problems if the department was audited. Edmond also had received reports that Ms. Austin was not helping out in other areas when she finished supplying her stations. On September 17, 2000, Edmond gave Ms. Austin a performance report that included negative evaluations in areas including quality of work, dependability and teamwork.

Ms. Austin claims she raised the issue of Baker’s remark with general supervisor Harry Joyce on September 21, 2000 because she believed that Edmond’s actions were not a sufficient response to Baker’s comments.2 Ms. Austin also told Joyce that she felt like an outcast among her coworkers. Joyce investigated these concerns by speaking with four of Ms. Austin’s teammates. In the course of these conversations, these individuals told Joyce that there were teamwork problems and personality conflicts with respect to Ms. Austin. Joyce testified that he and Edmond discussed Ms. Austin’s performance and teamwork problems on three occasions. After his meeting with Ms. Austin on September 21, 2000, Joyce reviewed Edmond’s written documentation of complaints regarding Ms. Austin. On September 25, 2000, after consulting with Edmond concerning Ms. Austin’s negative performance report and reviewing Edmond’s written documentation of problems concerning Ms. Austin, Joyce made the decision to discharge Ms. Austin — four days after she had complained to him.

B. District Court Proceedings

After' dismissing the hostile work environment claim, the court assumed without deciding that Ms. Austin had established a prima facie case of discrimination. See R.24 at 9. The court then noted that Caterpillar had presented legitimate reasons for terminating Ms. Austin and further determined that Ms. Austin could not meet her burden of proving that the reasons given by Caterpillar were pretextual. In reaching this conclusion, the court declined to [959]*959consider Ms. Austin’s only pretext evidence, the testimony of long-time employees Rick North and Dennis Mitchell. These individuals had stated that they had never heard of anyone being fired for stocking or teamwork problems. The district court noted that North and Mitchell were not supervisors and could only rely upon their limited non-management experience. See id. at 11-12 & 15-16.3

II

DISCUSSION

Ms. Austin submits that the district court erred in granting summary judgment in favor of Caterpillar on her retaliation claim; we review a district court’s grant of summary judgment de novo. See Boyce v. Moore, 314 F.3d 884, 888 (7th Cir.2002). Ms. Austin seeks to establish her case by relying on indirect evidence of discrimination. The burden-shifting regime of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), therefore governs our analysis. See Haywood v. Lucent Techs., Inc., 323 F.3d 524, 531 (7th Cir.2003); Stone v. City of Indianapolis Pub. Util. Div., 281 F.3d 640, 644 (7th Cir.2002).

To establish a prima facie case of discrimination in the retaliation context based on indirect evidence, the plaintiff must establish four elements. Ms. Austin must show that

(1) she engaged in statutorily protected activity; (2) she performed her job according to her employer’s legitimate expectations; (3) despite her satisfactory job performance, she suffered an adverse employment action; and (4) she was treated less favorably than similarly situated employees who did not engage in statutorily protected activity.

Haywood, 323 F.3d at 531 (citations omitted). Assuming that Ms.

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