Batts v. NLT Corp.

844 F.2d 331, 1988 U.S. App. LEXIS 4640, 46 Empl. Prac. Dec. (CCH) 37,925, 46 Fair Empl. Prac. Cas. (BNA) 954, 1988 WL 31513
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 12, 1988
DocketNos. 85-5063, 85-5084
StatusPublished
Cited by25 cases

This text of 844 F.2d 331 (Batts v. NLT Corp.) 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
Batts v. NLT Corp., 844 F.2d 331, 1988 U.S. App. LEXIS 4640, 46 Empl. Prac. Dec. (CCH) 37,925, 46 Fair Empl. Prac. Cas. (BNA) 954, 1988 WL 31513 (6th Cir. 1988).

Opinion

BOGGS, Circuit Judge.

This case represents the culmination of lawsuits brought against WSM Television of Nashville, Tennessee, and its corporate affiliates, for alleged racial discrimination in a variety of employment practices, in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. After an extensive bench trial, the district court made findings of fact and conclusions of law and awarded damages to three individual plaintiffs.

We are mindful of the strong policy considerations that impel the serious attention and careful consideration given by the district court to such allegations. Nevertheless, having carefully examined the record before us, we find the major factual findings of the district court clearly erroneous. The remaining findings are insufficient to support the judgment of the district court, and we reverse.

I

This action began with the filing of a complaint on May 12, 1978, by the original plaintiffs: Napolean Batts, Veronica Miller, Neal McAlpin, Jr., and Nettie B. Stowers. The complaint alleged that the defendants, NLT Corporation and its subsidiaries, WSM Radio and Television and Opryland Productions, Inc., all of Nashville, had practiced employment discrimination against the plaintiffs on the basis of their race, in violation of the statutes cited above. Later, two other individuals, Lenore S. Ballard and Fletcher Moon, were permitted to intervene as plaintiffs.

The plaintiffs wished to have this case certified as a class action on behalf of black employees and employee applicants of the defendants, past, present, and future. The district judge originally assigned to the case, the Honorable L. Clure Morton (then [333]*333Chief Judge for the Middle District of Tennessee), held a hearing on the issue of class certification on December 4 and 5, 1978. In a Memorandum Decision and Order of January 12, 1979, Judge Morton denied class certification “for the present,” but left open to the plaintiffs the opportunity of a further application for class certification after discovery and development of the evidence. In the same order, the district court ruled that the plaintiffs had failed to present a prima facie case on the then current state of the pleadings, and that the action should proceed toward trial.

After reassignment to the Honorable John T. Nixon, the case came on for a bench trial, with evidence being presented on twelve different days over a period of about a year, ending on October 7, 1981. It was not until March 23, 1984, that the district court delivered its ruling, in a 93-page Memorandum and Order. The claims of plaintiffs McAlpin, Miller, and Moon were dismissed and they did not appeal. The district court dismissed some of the claims of the remaining plaintiffs, Batts, Stowers, and Ballard, but sustained others. In particular, the court sustained claims of intentional discrimination in the employment opportunities of all three of the successful employees. Batts’s claim of discrimination in retaliation for filing discrimination charges in 1978 also was upheld. Ballard’s claim of discrimination in her discharge was upheld. Stowers’s claims of discrimination in compensation and discrimination in retaliation for filing this lawsuit were upheld, but her claim of retaliation in her discharge was denied. The motion for class certification was denied.

A further hearing on the relief to be afforded the three remaining plaintiffs on the partial ruling in their favor was held on June 15 and 27, 1984. On January 5, 1985, the district court entered an order awarding the plaintiffs Stowers and Ballard back pay in the amounts of $6,136.19 and $3,880.89, respectively, and allowable expenses totaling $1,933.20 and $882.40, respectively. Stowers, Ballard, and Batts were each awarded $10,000 in general damages for “embarrassment, humiliation, [and] mental anguish” under Section 1981. By a separate order, the court denied the plaintiff Stowers’s individual motion for relief from judgment on her discharge claim.

Thereupon, the defendants below appealed from the judgment of the district court to this court. The plaintiffs cross-appealed from the portion of the district court order limiting each plaintiff to $10,000 in damages under Section 1981, and from the denial of the plaintiff Stowers’s motion for relief from judgment.

II

Fundamentally, all the plaintiffs complained that their employment opportunities were limited as a result of their race, based on their interpretation of various incidents in the course of their employment concerning working practices, promotion and work assignment opportunities. As indicated in our discussion of the facts below, it was clearly erroneous for the trial court to find a discriminatory animus in these events, rather than the normal frictions that occur in any employment relationship.

Plaintiffs Ballard and Stowers also allege that they were terminated based on their race or in retaliation for protected activity, rather than based on legitimate, non-discriminatory, business reasons.

Because we think it will be clearer if the allegations concerning each plaintiff are not set out together, we will treat each one in a separate section.

Mr. Napolean Batts. Plaintiff Batts was hired in 1966 for a part-time job on the night clean-up crew. In 1968, he was offered an opportunity to train as a studio cameraman and then switched to the lighting department. Over the next ten years he worked in various jobs in the lighting department, culminating in being named Lighting Director on January 1, 1978. Batts points to five major incidents where the district court made findings that he contends constitute evidence of employment discrimination by the defendant corporation because of race or retaliation. These are:

[334]*3341. He was required to change light bulbs when white employees were not so required.

2. He was not assigned to work at Opryland until he asked to do so.

3. He was harassed by a white employee’s not fixing equipment at Batts’s request after Batts was promoted to Lighting Director.

4. An article referring to a discrimination suit he filed was posted on a company bulletin board.

5. At a 1976 ceremony awarding him a 10-year service pin, a remark was made by the supervisor that the supervisor “wanted to make sure he was going to get [Batts’s] employment record right, because if he didn’t, he was sure [Batts] would file a lawsuit against him.”

It is a remarkable feature of this case that there is really very little dispute about the factual circumstances of each of these events. The company admits that each of the first three circumstances occurred. Batts admits that when these matters were called to the attention of management, they were addressed: he was assigned to work at Opryland; all lighting employees were reminded that each of them was required to change light bulbs; and the employee who allegedly would not repair Batts’s equipment was directly ordered to do so.

The district court finds it “untenable” that these incidents were not corrected until Batts complained.

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844 F.2d 331, 1988 U.S. App. LEXIS 4640, 46 Empl. Prac. Dec. (CCH) 37,925, 46 Fair Empl. Prac. Cas. (BNA) 954, 1988 WL 31513, Counsel Stack Legal Research, https://law.counselstack.com/opinion/batts-v-nlt-corp-ca6-1988.