Claiborne v. HUB Enterprises, Inc.

918 F. Supp. 2d 579, 2013 WL 265237, 2013 U.S. Dist. LEXIS 9251
CourtDistrict Court, W.D. Louisiana
DecidedJanuary 23, 2013
DocketCivil Action No. 6:11-CV-1552
StatusPublished

This text of 918 F. Supp. 2d 579 (Claiborne v. HUB Enterprises, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Claiborne v. HUB Enterprises, Inc., 918 F. Supp. 2d 579, 2013 WL 265237, 2013 U.S. Dist. LEXIS 9251 (W.D. La. 2013).

Opinion

MEMORANDUM RULING

REBECCA F. DOHERTY, District Judge.

Currently pending before the Court is a motion for summary judgment [Doc. 13], filed by defendant HUB Enterprises, Inc. (“HUB”), whereby defendant seeks dismissal of all claims asserted against it by plaintiff Alisa Claiborne. [Id., see also Docs. 13-1; 13-3, p. 6]

I.Background

Plaintiff brought this suit, alleging her employer engaged in unlawful discrimination in violation of Title VII of the Civil Rights'Act of 1964, 42 U.S.C. § 2000e, et seq., and the Louisiana Employment Discrimination Law (“LEDL”), La. R.S. 23:301, et seq. Specifically, plaintiff alleges she suffered unlawful discrimination, based upon her sex, alleging she was subjected to a hostile work environment and suffered retaliation for complaining of same. The following facts, taken from defendant’s statement of uncontested material facts, are not in dispute, except where footnoted:

1.
Plaintiff began working for HUB as' a security officer on or about September 10, 2010. Prior to beginning active duty, she underwent HUB’S orientation and training process. As part of this process, she was provided with a copy of the employee handbook, and she was oriented on HUB’s sexual harassment policy.
2.
Plaintiff was initially assigned to the BP worksite in Venice, Louisiana. She was subsequently transferred to BP sites in Houma and Gonzales.
3.
Plaintiff testified that her job performance at HUB was excellent. Plaintiff rated her performance as ten out of ten. She was always able to give 100%, and she was always able to complete her job duties.1
4.
All of the alleged harassment occurred from October 3, 2010 to October 8, 2010.
5.
In her deposition, Plaintiff testified that Carl Martin engaged in the following conduct towards her:
1. On October 3, 2010, when Plaintiff was first introduced to Martin, he winked at her. Later that day, he told her “you sure are pretty — you know, you’re a pretty lady.”
2. Martin asked Plaintiff is she was married.
3. On another night, Martin said, “Girl, you know, let’s go out together some time.” Plaintiff refused the offer, but she told him that coworker, Gloria Mack, was .single. She was “trying to hook those two up.” Plaintiff volunteered, “if he would have been my type, maybe it would have been different.”
• 4. Martin told her, “I have a boat. Let’s go riding on my boat.”
5. When no one was looking, Martin would poke his tongue out at her.
[583]*5836. Martin grabbed her I.D. card around her neck and touched her breasts. Then he told her to look at his pants, and “his pants started to swell up at the bottom.” Plaintiff said he then “put the clipboard over hisself [sic].”
7. Martin called her on the radio and said, “I’ve been watching you for thirty minutes ... I’m across the canal.”
6.
Plaintiff was unable to recite any other incidents of harassment. Plaintiff did not see Martin engage in harassment of any other people.
7.
On October 7, 2010, Plaintiff first reported the harassment to supervisors, Alan Bryant and Dwayne Hallman, site commander. She was asked to write down all instances of harassment.
8.
Plaintiff prepared written statements on October 7, 2010 and October 8, 2010. In neither of these written statements is there any reference to any touching whatsoever. Plaintiff describes only the following conduct:
1. Martin told her “I see what I want” while making his eyes go up and down from her head to toe.
2. Martin asked her if she liked fishing.
8. Martin told her she was anti-social.
4. Martin would “do things with his eyes and mouth.”
5. Martin told her he had been watching her for twenty-five minutes talk to a safety person and asked her when she was going to do her rounds.2
9.
Plaintiff was advised by Hallman that HUB would promptly investigate the matter. Plaintiff told Hallman that she wanted to move to a day shift position. A subsequent meeting occurred on October 9, 2010. Plaintiff again requested to be placed on a day shift position away from Martin. Hallman told her that HUB was working on finding her an available position. She was told that such a position was not immediately available, and she was told to contact Human Resources in connection with the investigation.3
10.
On October 12, 2010, Plaintiff traveled to Broussard, Louisiana to meet with HUB counsel and Human Resources. Plaintiff advised them that she did not feel safe working with Carl Martin. She related certain of the incidents of harassment to them.
11.
None of the witnesses or written statements revealed evidence of harassment. It was concluded that Plaintiffs [sic] allegations could not be corroborated.4
12.
[584]*584HUB had a business need for a security officer on the day shift in Houma, and Plaintiff was placed in that position.5
13.
Plaintiff did not work from October 9, 2010 to October 12, 2010. This was a paid leave of absence.6
14.
The pay rate for this position was $12.00 per hour, while the pay rate on the Venice BP job was $13.00 per hour. While plaintiff initially was placed at a $12.00 rate, the Company, upon discovery of this, applied a $13.00 rate to her time in Houma, and she was made whole.7
15.
Plaintiff had no problems working in Houma.8
16.
Plaintiff was transferred to work in Gonzales, which is closer to her home in Baton Rouge.
17.
Plaintiff experienced no problems when working in Gonzales.

[Doc. 13-2 (citations, footnotes omitted) ]

II. Standard of Review

A party may move for summary judgment, identifying each claim or defense — or the part of each claim or defense — on which summary judgment is sought.

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Cite This Page — Counsel Stack

Bluebook (online)
918 F. Supp. 2d 579, 2013 WL 265237, 2013 U.S. Dist. LEXIS 9251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/claiborne-v-hub-enterprises-inc-lawd-2013.