Brinkley v. Houk

866 F. Supp. 2d 735
CourtDistrict Court, E.D. Kentucky
DecidedMay 26, 2011
DocketCivil Action No. 5:09-cv-387-KKC
StatusPublished
Cited by8 cases

This text of 866 F. Supp. 2d 735 (Brinkley v. Houk) is published on Counsel Stack Legal Research, covering District Court, E.D. Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brinkley v. Houk, 866 F. Supp. 2d 735 (E.D. Ky. 2011).

Opinion

MEMORANDUM OPINION & ORDER

KAREN K. CALDWELL, District Judge.

This matter is before the Court on Defendants’ motion for summary judgment [DE 26], This motion has been fully briefed and is ripe for review. For the reasons set forth below, the Court will grant the motion in part and deny it in part.

I. FACTUAL BACKGROUND

On June 16, 2008, Stryker Endoscopy, a division of Stryker Sales Corporation, hired Michelle Temple as an at-will sales associate to assist Kenneth Aaron Pflugner, a sales representative who sold Stryker Endoscopy equipment to various hospitals and medical centers in the Lexington, Kentucky area. Temple claims that throughout her time at Stryker, she was subjected to unwelcome, crude, and offensive sexual comments and advances by Pflugner.

Temple testified that Pflugner constantly made sexually charged comments about her body, told her that sex sells and that she should wear her clothes tightly, told [738]*738her that he would terminate her if she ever gained weight or cut her hair, and told her that she should have sexual relations with a doctor if she wanted to expand one of Stryker’s accounts. DE 30, Temple Depo., pgs. 340 — 45; DE 29, Temple Depo., pgs. 237-38. Temple also testified that on a daily basis, Pflugner asked her why she would not have sex with him, but Temple “wouldn’t give in” to Pflugner’s sexual advances or dignify them with a response. DE 30, Temple Depo., pgs. 252, 263-64. However, Temple did testify that she repeatedly responded to Pflugner’s sexually charged comments by telling him “enough,” or “stop,” or by throwing her hands up. DE 30, Temple Depo., pgs. 460-63.

Temple testified that on August 11, 2008, she complained about Pflugner’s conduct to Brad Fortune, Pflugner’s supervisor, and requested a transfer. DE 29, Temple Depo., pgs. 200-06; DE 30, Temple Depo., pg. 357. Temple testified that Fortune told her that “he would handle it,” but never told her to contact human resources and never told her how he would resolve the situation. DE 29, Temple Depo., pg. 206. Temple then testified that when Pflugner found out that she had complained to Fortune, Pflugner threatened to “pound her [expletive] head in,” told her that if she reported his conduct again she would not have a job, and cursed at her, before damaging her car with a medical instrument. DE 30, Temple Depo., pgs. 351-60.

Temple testified that after Pflugner’s conduct continued, she complained to Fortune again on September 5, 2008 and requested a transfer. DE 29, Temple Depo., pgs. 194-95; DE 30, Temple Depo., pg. 357. Temple testified that when Pflugner found out that Temple had again complained to Fortune, Pflugner ran towards her, screaming “You [expletive] bitch and [expletive], I told you last time not to say anything to Brad. I have been with this company 5 years and I am the 2nd top billing sales rep .... if you are trying to take over my territory it will never happen. I will pound your [expletive] head in and kill you.” DE 6; DE 30, Temple Depo., pg. 360. Temple testified that Pflugner again damaged her car with a medical instrument. DE 6; DE 30, Temple Depo., pgs. 352.

Temple then testified that in October 2008, Pflugner “flew at [her]” and cursed at her for having her hail' cut. DE 30, Temple Depo., pgs. 377. Finally, Temple testified that Pflugner’s sexually charged comments continued until she was terminated on October 24, 2008 due to what Fortune called her “personality conflict” with Pflugner. DE 30, Temple Depo., pgs. 303, 385-88.

Defendants dispute much of Temple’s testimony and argue that Temple was actually terminated because of various alleged performance issues, including her lack of knowledge and expertise regarding Stryker Endoscopy equipment and surgical procedures, complaints Pflugner received from Stryker customers and employees regarding Temple’s operating room behavior, and Temple’s lack of professionalism and suitability for her position. DE 26, pgs. 18-19, 21 (citing various depositions and affidavits). Defendants also claim that the “final straw” was Temple’s failure to properly clean and sterilize a Stryker hysteroscope resulting in probable permanent damage to the equipment. DE 26, Exh. B-2, Pflugner Depo., pgs. 122-24; DE 26, Exh. K, Pflugner Aff. ¶ 17.

Temple argues that her performance was not the true reason for her termination, emphasizing the fact that she never received any oral or written warnings about her alleged substandard performance and never had any negative action taken against her because of her perform[739]*739anee. In fact, Temple even testified that Pflugner told her she was awesome and thanked Temple. DE 30, Temple Depo., pg. 452. Temple also testified that the alleged “final straw” incident never happened and that she never gave Pflugner a hysteroscope without cleaning it. DE 29, Temple Depo., pgs. 172-73.

On March 12, 2009, Temple filed a charge of discrimination with the Lexington-Fayette Urban County Human Rights Commission against Stryker and on September 24, 2009, the Commission issued her a “right to sue” letter. DE 26, Exh. A, PDF pgs. 58-59 (Exh. 31 and 32). Temple then filed this action, asserting various claims against Stryker and Pflugner concerning her termination. After a period of discovery, Defendants moved for summary judgment.

II. SUMMARY JUDGMENT STANDARD

Under Rule 56, summary judgment is appropriate “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed R. Civ. P. 56(a). The movant can satisfy its burden by demonstrating an absence of evidence to support the non-movant’s case. Celotex Corp. v. Catrett, 477 U.S. 317, 324-25, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). To survive summary judgment, the nonmovant must come forward with evidence on which the jury could reasonably find in its favor. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 252, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The non-movant must present more than a mere scintilla of evidence to defeat a motion for summary judgment. Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479 (6th Cir.1989). The Court must view all of the evidence in the light most favorable to the party opposing summary judgment. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

III. ANALYSIS

A. KCRA/Title VII Claims

Temple asserts four claims under the Kentucky Civil Rights Act (“KCRA”) and Title VII of the 1964 Federal Civil Rights Act [DE 6]. Although it is not clear from her Complaint, Temple states that these claims are brought only against Stryker [DE 27, pg. 22], The Court will consider each of these claims in the order in which they appear in Temple’s Complaint [DE 6]. Since the KCRA is similar to Title VII, the Court will interpret these claims consistently. See Ammerman v. Bd. of Ed. of Nicholas Cnty., 80 S.W.3d 793, 797-98 (Ky.2000); Spees v. James Marine, Inc.,

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Bluebook (online)
866 F. Supp. 2d 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brinkley-v-houk-kyed-2011.