City of Belzoni v. Johnson

80 So. 3d 99, 2012 Miss. LEXIS 83, 114 Fair Empl. Prac. Cas. (BNA) 792, 2012 WL 501100
CourtMississippi Supreme Court
DecidedFebruary 16, 2012
DocketNo. 2010-CA-01879-SCT
StatusPublished
Cited by4 cases

This text of 80 So. 3d 99 (City of Belzoni v. Johnson) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Belzoni v. Johnson, 80 So. 3d 99, 2012 Miss. LEXIS 83, 114 Fair Empl. Prac. Cas. (BNA) 792, 2012 WL 501100 (Mich. 2012).

Opinion

KING, Justice, for the Court:

¶ 1. Pursuant to 42 United States Code Sections 2000e-5 and 1983, Shirley Johnson brought suit against the City of Belzo-ni; Mickey Foxworth, individually and in his capacity as City of Belzoni Police Chief; and David James, City of Belzoni police officer. Johnson claimed she was sexually harassed at work by James for approximately a year. Johnson reported the harassment to her supervisor, Fox-worth, but claimed insufficient action was taken to remedy the situation. This matter proceeded to trial, and the jury returned a unanimous verdict of $150,000-$50,000 against each of the defendants, in favor of Johnson. Aggrieved, the defendants filed a motion for judgment notwithstanding the verdict, or in the alternative, a new trial. The motion was denied and the defendants appealed. Finding that the sufficiency and weight of the evidence sup[102]*102port the jury’s verdict, we affirm the judgment of the trial court.

FACTS AND PROCEDURAL HISTORY

¶ 2. On July 7, 2004, Johnson was hired by the City of Belzoni Police Department as a patrol officer policing school grounds. When she joined the police department, she was the only female police officer on the force. She remained the only female on the force for approximately six months. Johnson claims that, once she began work, James began to sexually harass her. Pursuant to the City of Belzoni Police Department Policy on “Harassment in the Workplace,” Johnson reported the harassment to her supervisor, Foxworth. Johnson and Foxworth also reported the situation to Mayor Wardell Walton, who, as mayor, is responsible for the enforcement of all city policies. In August 2005, Johnson accepted a full-time management position at Double Quick in Belzoni,1 but she continued to work for the Belzoni Police Department on a part-time basis.

¶ 3. On September 21, 2005, Johnson filed her charge of discrimination with the Equal Employment Opportunity Commission (EEOC). The EEOC conducted an investigation and issued a determination letter, stating:

The investigation showed that [Johnson] was subjected to sexual harassment by a co-worker and that she lodged two complaints to the proper authority. The [City of Belzoni-Police Department] failed to take the complaints seriously or take positive action necessary to put the co-worker’s inappropriate behavior in check and ensure that further harassment would not occur.

¶ 4. On June 19, 2006, the EEOC issued a right-to-sue letter, and on September 15, 2006, Johnson filed suit in the Humphrey’s County Circuit Court claiming that she had been subjected to gender discrimination, including sexual harassment, in her workplace in violation of 42 United States Code Sections 2000e-5 and 1988. On April 27, 2010, the defendants filed a motion for summary judgment. On June 14, 2010, the court denied the motion and on June 16, 2010, the matter proceeded to trial. Johnson was the first witness to testify. According to Johnson, James repeatedly had asked her for a date when she began working for the police department. Johnson testified that after she refused to date James, he had directed profanity and sexual innuendos at her. Specifically, Johnson testified that James said, “I didn’t want a date no way. I just want to [expletive2] you.” Johnson testified that she reported the harassment to Foxworth, and he agreed to talk to James regarding his behavior.

¶ 5. Johnson testified that the harassment continued, and James made comments nearly every day at work and, usually, in front of other officers. Johnson testified that she usually would encounter James before the beginning of her shift, upon her arrival at the station to clock in, before reporting to her assigned school. According to Johnson, “[E]ach morning that I would go to work, he had some type of remark that he had to say, talking about me under my clothes and how he wanted to [expletive] me and how Jesus told him he was going to get this and all of that, while the other guys sit out there and laugh.” Johnson testified that, approximately two months after she first reported [103]*103James’s behavior to Foxworth, she reported the continued harassment to Foxworth.

¶ 6. When the school year ended in May, Johnson testified that her schedule changed, and she worked different, rotating, patrol shifts. Johnson testified that, once she began working the different shifts, James had made comments directly related to her work as a police officer. Johnson specifically indicated that, on one occasion, James had refused to contact Johnson for back-up support, and instead had contacted the sheriffs department because he “needed manpower, and not female power.” Johnson testified that she reported the incident to Foxworth, her third complaint against James.

¶ 7. Johnson testified that the harassment was an ongoing issue. According to Johnson, she reported the harassment to Mayor Walton as well. Johnson testified that, on two separate occasions, she informed Mayor Walton that she was not treated fairly at the police department because she was female. According to Johnson, Foxworth was present during one of those occasions. Johnson testified that she informed Mayor Walton of unfair practices in the scheduling of officers and of the harassment she had suffered.

¶ 8. Johnson indicated that she was unaware of any action Foxworth or Mayor Walton took in response to her reports. Johnson testified that James’s behavior offended and humiliated her and caused her to suffer chest pains and headaches, making it difficult to sleep. According to Johnson, she decided to take a management position at Double Quick to escape the work environment at the police department. Johnson said:

By his statements and the way David James treated me, it made me feel as if I was just a piece of meat, when I go to work, I felt like I might have been two feet tall. I just felt I couldn’t do my job anymore — seems like he just took everything away from me.... I mean my confidence, my self respect.... [I]t’s just hard to work there. And I don’t know if he had my back when I was working on a shift with him or not. I don’t know if they really have my back.... Because there have been times I called for back-up, I don’t get any.

¶ 9. Johnson testified that she continued to work part-time for the police department, but only on certain days, to avoid working with James. Even working part-time, Johnson testified that the harassment continued. Johnson explained that in August 2005, she and James had an altercation over badge numbers. According to Johnson, badge numbers could signify seniority, and Foxworth had recently changed the officers’ badge numbers. Due to the change, Johnson’s badge number reflected seniority over James. Johnson testified that James became angry and began shouting at her. According to Johnson, she responded that the number was insignificant and James said, “[Expletive 3], you going to watch how you talk to me.” Johnson testified that she understood his comment to be derogatory to her as a female, “by me being a female, he thought I wasn’t no police and I couldn’t do nothing.”

¶ 10. Foxworth testified and corroborated that Johnson had reported James for harassment, but only on two occasions. Foxworth testified that when Johnson first reported the harassment to him, she did not want any disciplinary action taken. According to Foxworth, Johnson asked him to talk to James regarding his behavior. Foxworth testified that he met with James, who denied the allegations.

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Related

City of Belzoni v. Johnson
121 So. 3d 216 (Mississippi Supreme Court, 2013)
City of Belzoni Mississippi v. Shirley Johnson
Mississippi Supreme Court, 2012

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Bluebook (online)
80 So. 3d 99, 2012 Miss. LEXIS 83, 114 Fair Empl. Prac. Cas. (BNA) 792, 2012 WL 501100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-belzoni-v-johnson-miss-2012.