Catherine JONES, Plaintiff-Appellant, v. FLORIDA POWER CORPORATION, and Arthur Leigh, Defendants-Appellees

825 F.2d 1488, 1987 U.S. App. LEXIS 11450, 44 Empl. Prac. Dec. (CCH) 37,338, 44 Fair Empl. Prac. Cas. (BNA) 1188
CourtCourt of Appeals for the Eleventh Circuit
DecidedAugust 27, 1987
Docket86-3421
StatusPublished
Cited by7 cases

This text of 825 F.2d 1488 (Catherine JONES, Plaintiff-Appellant, v. FLORIDA POWER CORPORATION, and Arthur Leigh, Defendants-Appellees) 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
Catherine JONES, Plaintiff-Appellant, v. FLORIDA POWER CORPORATION, and Arthur Leigh, Defendants-Appellees, 825 F.2d 1488, 1987 U.S. App. LEXIS 11450, 44 Empl. Prac. Dec. (CCH) 37,338, 44 Fair Empl. Prac. Cas. (BNA) 1188 (11th Cir. 1987).

Opinion

MORGAN, Senior Circuit Judge:

Appellant, Catherine Jones, an employee with the Florida Power Corporation, appeals the lower court’s finding that she was not the victim of racial discrimination when the appellee, Florida Power, cancelled the position she had applied for. More specifically, she claims that the trial court was clearly erroneous in its findings of fact that there was no prejudice involved in either her conversation with Arthur Leigh, a manager at Florida Power, or the actual cancellation of the promotion opportunity for all applicants. She also alleges that the court erred in refusing to allow evidence concerning possible retaliation against appellant by other company employees after she filed her complaint. After a review of the record in this case, we affirm the lower court’s decision.

I. FACTUAL BACKGROUND

In the early spring of 1982, the management of the production area at the Florida Power Corporation received authorization to create and fill a job position titled System Maintenance Crew Field Office Administrator (FOA). The holder of this position would be responsible for the selection and hiring of temporary craft labor at the plant, and for the management of all records, files, administration and equipment areas. The position required that applicants have: a high school degree, seven years experience in accounting and administrative duties, the ability to travel on an unscheduled basis, and the ability to work closely with the personnel department and supervisors plus the ability to select skilled and competent employees. The appellant, a black female, considered applying for the job. There were six other applicants, all of whom were white. Appellant informed co-defendant, Arthur Leigh, the manager of maintenance services at Florida Power Corporation, of her interest in the new job and asked if there was still time to turn in an application. Mr. Leigh said she could apply for the job. About a half hour later, Mr. Leigh passed by appellant’s desk and asked her to come into his office. Once inside his office, Mr. Leigh spent approximately one and one-half hours attempting to talk the appellant out of applying for the job. At trial, both the appellant and Leigh testified concerning their conversation. Both accounts differ greatly. Appellant testified that Leigh said she was not qualified for the job since there “was a lot of red necks [sic] working on the crew,” and that she “did not have the right rapport to work with the type [of] people that worked on the crew.” [R. 3-37]. She also testified that when she told him she would pray to God that he would change his mind, he replied, “are you going to put a mojo on me?” [R. 3-38]. On cross-examination, appellant stated that the word “mojo” connoted a black voodoo curse and that it was most commonly used by black people. [R. 3-69]. Finally, appellant testified that Leigh never specifically mentioned her race during their conversation although she felt that the thrust of his comments was that her race would make her ill-suited to get along with the white members of the crew.

*1490 Arthur Leigh took the stand and testified that he often called employees in to tell them that he thought they were applying for jobs for which they were unqualified. Although he stated that he had done this in the past, he admitted that he did not question any other applicants for this particular job. Next, he stated that he told appellant that she was unqualified since she had no understanding of their union contract, and that she had no experience with the actual workings within the plant. 1 Finally, he testified that he had never heard the word “mojo” nor used the word “red-neck.” [R. 3-95]. Leigh emphasized that it was the appellant who continually made references to her race, and that he told her she could still apply if she wanted to.

The next day, appellant went to see Dorothy Wertz, a fellow black employee who worked in the company’s equal employment opportunity program (EEO). Wertz told appellant that until she actually filed her application and received a rejection, she had no cause of action. During their conversation, there was no mention of race, and appellant’s main concern was that Leigh was exhibiting favoritism to a specific employee, Stella Ames. After her conversation with Wertz, appellant applied for the job. Appellant testified that when her immediate supervisor, Sally Crockett, received her application, she told appellant that she would not recommend her since she would not be able to get along with the crew. Appellant testified that Ms. Crockett stated that there would be friction between appellant and the crew because appellant was black. Ms. Crockett was not present to testify.

Several days later, the company posted a notice that they had cancelled the new position. The reason stated was that “the subject position’s duties and responsibilities as posted needfed] revision in order to compliment the future crew organization needs.” (Plaintiff’s Exhibit No. 7). Leigh testified that the actual reason for the cancellation was that a hiring freeze became effective after the FOA position was approved. Therefore, filling this new position would mean cutting back on new employees in other areas. Leigh stated that after he learned about this situation from Lloyd O’Steen (a Florida Power welding mechanic and chief union steward for Local 433 from Englis), he decided it was necessary to cancel the FOA position. One year later, the position of Labor Resources Manager was created. Although the position’s duties were somewhat similar to the FOA position, the skill requirements had been increased to include a bachelor’s degree in engineering and ten-years’ experience in power plant instruction, maintenance or operations with at least five years of supervisory experience, and extensive knowledge of plant maintenance and the union contract. Appellant had none of these additional qualifications.

Subsequently, appellant filed a complaint with the St. Petersburg Human Relations Department. After receiving written statements from all parties, the department issued a decision stating that racial discrimination was the central reason for cancel-ling the FOA position. (Plaintiff's Exh. 10, p. 8).

Appellant then brought suit against the Florida Power Company and Arthur Leigh challenging their alleged discriminatory denial of a promotional opportunity. The suit was instituted pursuant to Title VII of the Civil Rights Act of 1964, and 42 U.S.C. § 1981. After hearing testimony from both sides, the lower court made several findings of fact. The court found that appellant’s testimony concerning her discussion with Arthur Leigh was not credible. In particular, the court believed Arthur Leigh’s testimony that there was never any mention of “mojo” curses or “rednecks.” The court buttressed this decision with Dorothy Wertz’s testimony that appel *1491 lant did not mention' racial discrimination when she visited Wertz the day after her conversation with Leigh. Finally, the court relied on uncontested evidence that it was Leigh’s common practice to talk employees out of applying for jobs for which he felt they were unqualified.

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825 F.2d 1488, 1987 U.S. App. LEXIS 11450, 44 Empl. Prac. Dec. (CCH) 37,338, 44 Fair Empl. Prac. Cas. (BNA) 1188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catherine-jones-plaintiff-appellant-v-florida-power-corporation-and-ca11-1987.