Barbara Sparks v. Pilot Freight Carriers, Inc.

830 F.2d 1554, 45 Fair Empl. Prac. Cas. (BNA) 160, 1987 U.S. App. LEXIS 13969, 44 Empl. Prac. Dec. (CCH) 37,493
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 20, 1987
Docket86-8790
StatusPublished
Cited by199 cases

This text of 830 F.2d 1554 (Barbara Sparks v. Pilot Freight Carriers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Barbara Sparks v. Pilot Freight Carriers, Inc., 830 F.2d 1554, 45 Fair Empl. Prac. Cas. (BNA) 160, 1987 U.S. App. LEXIS 13969, 44 Empl. Prac. Dec. (CCH) 37,493 (11th Cir. 1987).

Opinions

KRAVITCH, Circuit Judge:

Barbara Sparks appeals the district court’s grant of summary judgment in Sparks’ sexual harassment and sex discrimination action filed against her former employer, Pilot Freight Carriers, Inc. (Pilot Freight), pursuant to Title VII, 42 U.S.C. § 2000e et seq. We reverse the grant of summary judgment and remand.

I. STATEMENT OF FACTS

Appellant Sparks was employed by Pilot Freight as a billing clerk in its Duluth, Georgia trucking terminal from May 1983 until March 1984. In February 1984, Pilot Freight promoted Dennis Long, a former sales manager in the Atlanta terminal, to the position of terminal manager of the Duluth terminal. As terminal manager, Long held the highest position in the Duluth terminal and, according to Sparks, had authority to exercise virtually unfettered discretion over personnel matters, including the hiring and firing of employees. According to Sparks, the only Pilot Freight employees superior to Long were stationed in Pilot Freight’s headquarters in North Carolina.

Sparks alleges that shortly after Long arrived in Duluth he began to harass her. One of the earliest instances occurred when Long called her into his office and asked her if she was married or had a boyfriend, and if she could become pregnant. Sparks claims that after she was promoted to general secretary, with Long as her boss, in March 1984, Long’s unwelcomed sexual harassment of her continued. This harassment included such acts as: putting his hands on Sparks to rub her shoulders or “fool with” and smell her hair; repeatedly inquiring into Sparks’ personal life; on one occasion asking her if he could come to her house with a bottle of wine, and, having been refused, calling out to her over the public address system as she was leaving the office stating that this was her “last chance;” making threatening remarks to Sparks, such as “you’d better be nice to me,” “your fate is in my hands,” “revenge is the name of the game;” and at least one other remark that the district court concluded was “too sexually explicit” to repeat. Sparks did not notify any of Long’s superiors at Pilot Freight that he was harassing her.

In May 1984, Pilot Freight closed its Duluth terminal. Long was transferred to Atlanta where he resumed his former job as sales manager. Sparks and several other employees also were transferred to the Atlanta terminal; other Duluth employees were laid off. The terminal manager of the Atlanta terminal was Carl Connell.

Sparks was given a job as a billing clerk on the night shift where she worked for three days. On the fourth day, Thursday, May 10th, Sparks allegedly called the office and asked Connell’s secretary, Hilda Tatum, whether she could change her working hours. Later that day Tatum called Sparks back to tell Sparks that she could not change her hours. Sparks allegedly responded that she could not come in that night because she was sick. Curtis Turner, a male billing clerk, also called in sick that day. The following day, Connell called Sparks at home several hours before her shift was to begin and fired her. Turner was not fired. Sparks was replaced by John Briscoe, a billing clerk who had been laid off when the Duluth terminal was closed.

Sparks filed the instant action against Pilot Freight, alleging three violations of Title VII. Her first claim is that during her tenure at the Duluth terminal she was subject to hostile working environment sexual harassment by her boss, Dennis Long. Her second two claims relate to her dis[1557]*1557charge: the first being that Connell engaged in unlawful disparate treatment because of sex when he discharged her and not Turner; the second is that her discharge resulted from quid pro quo sexual harassment in that Long induced Connell to fire her in retaliation for her refusal to accede to his sexual demands.

The district court granted summary judgment for Pilot Freight on all three claims. We reverse.

II. WORKING ENVIRONMENT SEXUAL HARASSMENT

Title VII of the Civil Rights Act of 1964 makes it unlawful for “an employer ... to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment because of such individual’s ... sex —”42 U.S.C. § 2000e-2(a)(l).

A.

In Meritor Sav. Bank, FSB v. Vinson, the Supreme Court held that an employee may establish a violation of Title VII by proving that the employee’s employer engaged in discrimination based on sex, including sexual harassment, which created a hostile or abusive work environment.1 477 U.S. 57, 106 S.Ct. 2399, 2405-06, 91 L.Ed.2d 49 (1986); accord Henson v. Dundee, 682 F.2d 897, 902 (11th Cir.1982). An employee asserting a claim of hostile working environment sexual harassment by an “employer” must prove the following in order to establish a prima facie case: (1) that the employee belongs to a protected group, Henson, 682 F.2d at 903; (2) that the employee was subject to “unwelcome” sexual harassment, Vinson, 106 S.Ct. at 2406; Henson, 682 F.2d at 903; 29 C.F.R. § 1604.11(a) (1985); (3) that the harassment complained of was based on sex, Henson, 682 F.2d at 903; and (4) that the harassment complained of affected a “term, condition, or privilege” of employment in that it was “sufficiently severe or pervasive ‘to alter the conditions of [the victim’s] employment and create an abusive working environment.’ ” Vinson, 106 S.Ct. at 2406 (brackets in original) (quoting, Henson, 682 F.2d at 903).

The district court concluded that Sparks could survive summary judgment as to these four elements of her prima facie case. The court granted summary judgment for the defendant, however, because it concluded that Sparks failed to establish a necessary fifth element: Pilot Freight’s liability for Long’s actions under the theory of respondeat superior.

The district court based its decision that respondeat superior theory applies to this action on this court’s decision in Henson, supra. There we held that a Title VII plaintiff who seeks to hold her employer liable for sexual harassment by her supervisor or co-workers must demonstrate that the employer is liable for the supervisor or co-worker’s conduct under the theory of respondeat superior. Consequently, the plaintiff cannot prevail unless she can show that her employer “knew or should have known of the harassment in question and failed to take prompt remedial action.” 682 F.2d at 905. Applying Henson, the district court concluded that Sparks could not prevail because she had not notified any supervisor at Pilot Freight that she was being sexually harassed by Long.

In applying the respondeat superi- or requirement of Henson, however, the district court overlooked the fact that the Henson court’s decision to employ respondeat superior

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Lowe v. Cardinal Health Inc.
61 F. Supp. 3d 1228 (N.D. Alabama, 2014)
Livingston v. Marion Bank & Trust Co.
30 F. Supp. 3d 1285 (N.D. Alabama, 2014)
Howard v. MTA Metro-North Commuter Railroad
866 F. Supp. 2d 196 (S.D. New York, 2011)
SIRPAL v. University of Miami
684 F. Supp. 2d 1349 (S.D. Florida, 2010)
Myers v. Trendwest Resorts, Inc.
56 Cal. Rptr. 3d 501 (California Court of Appeal, 2007)
Smith v. Akstein
408 F. Supp. 2d 1309 (N.D. Georgia, 2005)
Kimsey v. Akstein
408 F. Supp. 2d 1281 (N.D. Georgia, 2005)
Sadki v. SUNY College at Brockport
310 F. Supp. 2d 506 (W.D. New York, 2004)
Jaudon v. Elder Health, Inc.
125 F. Supp. 2d 153 (D. Maryland, 2000)
Buckner v. General Signal Technology Corp.
163 F. Supp. 2d 617 (W.D. North Carolina, 2000)
Cox v. Indian Head Industries, Inc.
123 F. Supp. 2d 892 (W.D. North Carolina, 2000)
Schulze v. Meritor Automotive
163 F. Supp. 2d 599 (W.D. North Carolina, 2000)
Carr v. Stillwaters Development Co., LP
83 F. Supp. 2d 1269 (M.D. Alabama, 1999)
Underwood v. Northport Health Services, Inc.
57 F. Supp. 2d 1289 (M.D. Alabama, 1999)
Campbell v. International Brotherhood of Teamsters
69 F. Supp. 2d 380 (E.D. New York, 1999)
Mortenson v. City of Oldsmar
54 F. Supp. 2d 1118 (M.D. Florida, 1999)
Maddin v. GTE of Florida, Inc.
33 F. Supp. 2d 1027 (M.D. Florida, 1999)
Naia v. Deal
13 F. Supp. 2d 1369 (S.D. Georgia, 1998)
Jones v. Clinton
990 F. Supp. 657 (E.D. Arkansas, 1998)
King v. Auto, Truck, Industrial Parts & Supply Inc.
21 F. Supp. 2d 1370 (N.D. Florida, 1998)

Cite This Page — Counsel Stack

Bluebook (online)
830 F.2d 1554, 45 Fair Empl. Prac. Cas. (BNA) 160, 1987 U.S. App. LEXIS 13969, 44 Empl. Prac. Dec. (CCH) 37,493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/barbara-sparks-v-pilot-freight-carriers-inc-ca11-1987.