Carolyn J. Amos v. Tyson Foods, Inc.

153 F. App'x 637
CourtCourt of Appeals for the Eleventh Circuit
DecidedOctober 31, 2005
Docket05-10548; D.C. Docket 02-00609-CV-P-S
StatusUnpublished
Cited by8 cases

This text of 153 F. App'x 637 (Carolyn J. Amos v. Tyson Foods, 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
Carolyn J. Amos v. Tyson Foods, Inc., 153 F. App'x 637 (11th Cir. 2005).

Opinion

PER CURIAM:

Carolyn J. Amos, Peggy A. Saunders, and Brenda Gilbert are female and self-described “white American citizens,” who appeal the district court’s judgment against them as to their claims of retaliation and discrimination raised pursuant to Title VII of the Civil Rights Act of 1964. Although appellants argue that the court’s order fails to address their claims, we disagree and find those claims to be without support in law or fact. We AFFIRM.

I. BACKGROUND

Because employment discrimination cases are fact intensive, we include a detailed recitation of the facts in this background section. First, we provide an overview of the allegations. Second, because the case arises following summary judgment, we summarize the facts in a light most favorable to the appellants. Finally, we review the findings and order of the district court.

A. Overview

Amos and Saunders filed an action against Tyson, their employer, claiming that they were discriminated against based on (1) national origin, in violation of Title VII; (2) their age, in violation of the ADEA; (3) their gender, in violation of Title VII; and (5) their age, in violation of state law. The also claim that they were retaliated against, in violation of Title VII.

At the time the claims were filed, Amos and Saunders worked in the sanitation department of Tyson’s chicken processing plant in Blount County, Alabama, during the third shift, nightly from midnight to 8 A.M. Mary Miller, who worked on the floor in a position called the “lead”, was immediately senior to Amos and Saunders. The Tyson hierarchy, as it relates to this case, began with Amos and Saunders’s direct supervisor, Theresa Johnson. Johnson reported to Roni Noriega, who was the department superintendent. Two members of the plant’s human resources department supervised the enforcement of Tyson’s employment policies, as related to this case. Audrey Johnson was the second shift human resources manager, and Jan Casey was the employment supervisor.

Amos and Saunders filed an amended complaint that added Brenda Gilbert to the action. Gilbert asserted Title VII claims of (1) racial discrimination based on national origin and (2) retaliatory discharge. Gilbert settled lawsuits against Tyson for workers compensation, sexual harassment, and discrimination in 1999. She alleged that as a result of these suits, she was targeted for harassment and, ultimately, discharge.

Amos and Saunders argue that the district court erred in (1) finding that they did not establish a prima facie case of discrimination based on national origin; and (2) finding that they did not show that Tyson’s proffered reason for its action was a pretext for discrimination. Gilbert contends that the district court erred in finding that she did not produce evidence of a similarly situated employee who was not terminated or that the proffered reason for her termination was not a pretext for discrimination or retaliation.

B. Amos and Saunders’s Claims

According to their complaint, Amos and Saunders were in the women’s restroom at Tyson’s Blount County facility when Roberto Maysonet, a Hispanic male employee, entered the restroom, walked between the two women, and exited a door on the other side. They claim that the light discipline received by Maysonet following the *640 bathroom incident is evidence of disparate treatment of persons of different national origins. Amos and Saunders argue that they engaged in a protected activity when they reported the bathroom incident through internal grievance procedures; that they were subject to two separate disciplinary acts in retaliation for reporting the restroom incident; and that Maysonet was placed in their work area in retaliation. In addition to the bathroom incident, Amos and Saunders complain that their removal from the pipe crew, an overtime opportunity, was an adverse employment action and that the denial of new rain suits was evidence of a pattern of national origin discrimination. The bathroom incident is discussed first, followed by Amos and Saunders’s other grievances.

1. The Bathroom Incident

Amos stated in her deposition that Maysonet walked into the women’s restroom while she and Saunders were changing in February 2001. Maysonet walked through the restroom, “in no hurry,” was “gawking” at the two women, and stopped briefly inside. Saunders testified that Maysonet taunted her with hand motions. Amos indicated that this incident did not anger her, make her cry, or cause her to miss work.

Immediately after the incident, Amos and Saunders went straight to their supervisor’s office to report it. They reported to Noriega, Miller, and Teresa Johnson that a man entered the women’s restroom while they were inside it. Amos did not demand that Maysonet be terminated or seek any other disciplinary action.

Teresa Johnson acknowledged that Amos and Saunders said that a male employee walked in the restroom while they were in it and that someone needed to make sure people knew what their jobs were. Her understanding was that Amos and Saunders were upset because the man who intruded upon them did not know his job, not necessarily because he saw them undressed. She testified that she and Noriega handled the situation and did not report the incident to human resources because they did not think it was a case of sexual harassment. During the meeting, Noriega said that Maysonet did not speak English and did not know any better.

Jan Casey learned about the restroom incident during unrelated investigations into Amos’s behavior. 1 Casey determined that Amos told Teresa Johnson about the encounter in the restroom. Teresa Johnson was suspended for five days because she had knowledge of the incident but failed to report it to the human resources office.

Casey testified that Maysonet received a serious counseling statement as a result of the investigation into the restroom incident. Although Maysonet continued to work near Saunders and Amos, Casey did not receive any further complaints regarding Maysonet. When Amos and Saunders told Miller that they were uncomfortable working near Maysonet, he was moved away from the two women, although he remained within the sanitation department. Miller said that she did not believe that Amos and Saunders saw Maysonet again after this remedial measure was taken.

*641 2. Other Alleged Discrimination

Amos and Saunders claimed three other categories of incidents were evidence of discrimination based on national origin: (1) disparate treatment with regard to assigning overtime; (2) disparate treatment with regard to the distribution of rain suits; and (3) the fact that white employees had to pick up the slack for non-English speaking employees. Saunders also alleges that a fan and drain in her area were also not repaired out of retaliation for this suit.

Regarding the change in overtime availability, Tyson appears to have been advancing general cost cutting measures by assigning more tasks to workers during their regular shifts in order to reduce the need for overtime workers. Tyson explicitly instructed its managers to reduce overtime hours.

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Bluebook (online)
153 F. App'x 637, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carolyn-j-amos-v-tyson-foods-inc-ca11-2005.