Caskey v. Colgate-Palmolive Co.

438 F. Supp. 2d 954, 11 Wage & Hour Cas.2d (BNA) 1602, 2006 U.S. Dist. LEXIS 38886, 2006 WL 1663838
CourtDistrict Court, S.D. Indiana
DecidedJune 9, 2006
Docket1:04 CV 1239 DFH TAB
StatusPublished
Cited by5 cases

This text of 438 F. Supp. 2d 954 (Caskey v. Colgate-Palmolive Co.) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Caskey v. Colgate-Palmolive Co., 438 F. Supp. 2d 954, 11 Wage & Hour Cas.2d (BNA) 1602, 2006 U.S. Dist. LEXIS 38886, 2006 WL 1663838 (S.D. Ind. 2006).

Opinion

ENTRY ON DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

HAMILTON, District Judge.

Plaintiff Tracy Caskey worked as an employee at defendant Hill’s Pet Nutrition, Inc. (“Hill’s”), a manufacturer of pet food. Defendant Colgate-Palmolive is the parent company of Hill’s. Caskey was terminated by Hill’s in May 2003. Caskey alleges that defendants interfered with the exercise of her statutory right to medical leave pursuant to the Family and Medical Leave Act of 1993 (“FMLA”), 29 U.S.C. § 2601 et seq. She also alleges that she was subjected to discrimination based on her sex in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq. Caskey also alleges that defendants retaliated against her for exercising her rights under Title VII, the FMLA, and Indiana law. Defendants contend that all of Cas-key’s discipline was lawful and that her termination resulted from three consecutive unexcused absences from work.

Defendants have moved for summary judgment on all claims. As explained below, the court grants the motion. Caskey has failed to raise a genuine issue of fact that she was improperly denied FMLA leave on any occasion. Caskey also has failed to identify a genuine issue that she was discriminated against because of her sex in violation of Title VII. Finally, Cas-key has failed to identify a genuine issue that Hill’s retaliated against her for engaging in activity protected by Title VII or the FMLA, and she has failed to come forward with evidence that Hill’s retaliated against her for filing a worker’s compensation claim.

Summary Judgment Standard

The purpose of summary judgment is to “pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.” Matsushita Electric Industrial Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Summary judgment is appropriate where the pleadings, depositions, answers to interrogatories, affidavits, and other materials demonstrate that there exists “no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. 56(c). Only genuine disputes over material facts can prevent a grant of summary judgment. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A fact is material if it might affect the outcome of the suit under the governing law, and a dispute about a material fact is genuine only if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Id. at 248-49, 106 S.Ct. 2505.

*960 On a motion for summary judgment, the moving parties must first come forward and identify those portions of the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, which the parties believe demonstrate the absence of a genuine issue of material fact. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 322-23, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Where the moving parties have met the threshold burden of supporting the motion, the opposing party must “set forth specific facts showing that there is a genuine issue for trial.” Fed.R.Civ.P. 56(e). Local Rule 56.1 requires the party opposing a motion for summary judgment to identify specific and material factual disputes.

When deciding a motion for summary judgment, the court considers those facts that are undisputed and views additional evidence, and all reasonable inferences drawn therefrom, in the light reasonably most favorable to the non-moving party. See Liberty Lobby, 477 U.S. at 255, 106 S.Ct. 2505; Baron v. City of Highland Park, 195 F.3d 333, 338 (7th Cir.1999). However, a party must present more than mere speculation or conjecture to defeat a summary judgment motion. The issue is whether a reasonable jury might rule in favor of the non-moving party based on the evidence in the record. Liberty Lobby, 477 U.S. at 252, 106 S.Ct. 2505; Packman v. Chicago Tribune Co., 267 F.3d 628, 637 (7th Cir.2001).

Facts for Summary Judgment

The following facts are either undisputed or reflect the evidence in the light most favorable to plaintiff Caskey as the party opposing summary judgment. Adverse facts established by defendants beyond reasonable dispute are necessarily included in the narrative.

In March 1995, plaintiff Tracy L. (Greye) Caskey began working as a technician in Hill’s Pet Nutrition plant in Richmond, Indiana. Caskey Aff. ¶¶ 2, 3. The production areas at Hill’s Richmond plant include Dry Mix/Bulk, Processing, Packaging, and Stretchwrap. Zaleha Aff. ¶ 3. From early 2002 through Caskey’s termination, area leaders (formerly known as team leaders) supervised technicians working in the different production areas. Area leaders reported directly to operations manager Darren Haverkamp. Id. ¶ 4. Haverkamp, human resources director Jackie Vanderpool, and human resources manager Michael Keinath reported directly to plant manager Cathy Zaleha. Id. ¶¶ 1, 5.

Because Hill’s provides paid leave for illness under the FMLA and has other paid time-off programs, it does not also provide employees with “sick days.” Zal-eha Aff. ¶ 12. An absence that does not count as FMLA or another form of protected leave is recorded as an unexcused absence. Id. ¶ 13.

Wrork performance issues at Hill’s are addressed through the Individual Improvement Process (“IIP”), a tiered disciplinary system comprised of the following steps: formal coaching, performance agreement, decision-making leave (“DML”), and “deselection” (ie., termination). Zaleha Aff. ¶ 10. This process was formerly called the Performance Improvement Process (“PIP”). Id. ¶ 9.

Caskey progressed through Hill’s disciplinary process until she was ultimately terminated in May 2003. In November 2001, Caskey was placed in the first stage of PIP for excessive absences. Caskey Aff. Att. 34. On February 27, 2003, Cas-key was placed in the performance agreement stage of IIP. Hill’s claimed that Cas-key had eighty-four hours of non-protected absences in a twelve-month period. Kein-ath Aff. ¶ 4; Caskey Aff. Att. 62.

On March 12, 2003, Caskey was placed in the DML stage of IIP. Caskey Aff. Att. *961 72. Hill’s claimed that Caskey recently had committed unsafe behavior and had caused a quality problem.

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438 F. Supp. 2d 954, 11 Wage & Hour Cas.2d (BNA) 1602, 2006 U.S. Dist. LEXIS 38886, 2006 WL 1663838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/caskey-v-colgate-palmolive-co-insd-2006.