Coates v. Sundor Brands, Inc.

160 F.3d 688, 1998 U.S. App. LEXIS 28457, 74 Empl. Prac. Dec. (CCH) 45,613, 78 Fair Empl. Prac. Cas. (BNA) 763, 1998 WL 789169
CourtCourt of Appeals for the Eleventh Circuit
DecidedNovember 13, 1998
DocketNo. 97-9102
StatusPublished
Cited by5 cases

This text of 160 F.3d 688 (Coates v. Sundor Brands, 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
Coates v. Sundor Brands, Inc., 160 F.3d 688, 1998 U.S. App. LEXIS 28457, 74 Empl. Prac. Dec. (CCH) 45,613, 78 Fair Empl. Prac. Cas. (BNA) 763, 1998 WL 789169 (11th Cir. 1998).

Opinion

BARKETT, Circuit Judge:

Vickie K. Coates appeals the district court’s order granting summary judgment to defendant Sundor Brands, Inc. (“Sundor”) on her claim of hostile work environment sexual harassment in violation of Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000(e), et seq. Coates argues that the district court erred in finding no genuine issue of material fact as to whether Sundor had responded promptly and appropriately to Coates’s complaints of sexual harassment. We affirm.

FACTS

Because this appeal involves the grant of a motion for summary judgment, we review the facts in the light most favorable to Coates, who is the non-moving party in this ease. Vickie Coates began working as a forklift operator in the shipping and receiving department of Sundor Corporation, an Atlanta-based Proctor and Gamble (“P&G”) subsidiary, on January 21, 1992. In approximately January of 1994, Coates was trans-r ferred to the storeroom, where she worked closely with plant buyer Emmett (Ernie) Long, spending approximately one-fourth of her workday in Long’s office. During that time, the pair were isolated from other employees. Coates and Long were supervised by Nancy Christman, who in turn was supervised by technical systems manager Lloyd McLean.

[691]*691On October 19,1994, Coates confided in coworker Mike Lee, who was also an ordained minister, that Long had been engaging in behavior toward her that included offering her money for sex, calling her at home and leaving unwelcome amorous messages, and threatening to kidnap her and take her to Arkansas. Lee immediately brought Coates’s allegations to the attention of Mike Sanders, Sundor’s Human Resources Manager, although at Coates’s request Lee did not identify her or Long by name. During this meeting with Sanders, Lee agreed to speak to the harasser about the allegations, which he did that same day. Coates had been initially reluctant to bring her allegations to the attention of management, but after Lee spoke to Long, Lee convinced Coates to accompany him to Sanders’s office to speak to Sanders directly about the problem.

Despite Lee’s interview with Long, Long’s harassment continued until September 1995. In the months following Coates’s meeting with Sanders, Sanders several times asked Coates how things were going. In response to each inquiry, Coates indicated that things were fine. She did not mention the harassment again to Sanders or to Lee.

Sometime between November 1994 and January 1995, Coates approached Christman with the intention of telling her of the harassment. Because Coates had previously discussed personal matters with Christman, Christman asked Coates if the matter she wished to discuss was personal or professional. When Coates responded that it was personal, Christman said that she was too busy to talk with her at that time about personal matters. At no point during this exchange did Coates convey to Christman that the issue she wished to discuss concerned sexual harassment.

In March or April of 1995, Coates met with McLean, who was preparing for an imminent departure to Japan on business. At this meeting, Coates talked to him about the work being done in the storeroom, about proposed strategies for improving productivity in her area, and about her own career prospects. At some point during this meeting, she showed McLean a note she had received that read: “From the Desk of Ernie Long, Hey Sweetheart $100 for 45 minutes of hugging and kissing or $100 for stop loving Vickie guarantee.” In her deposition testimony, Coates does not elaborate on any further conversation between her and McLean on this issue.

On September 17, 1995, Coates told Blanche Sullivan, a P&G consultant who was visiting the Sundor plant, about the harassment. Sullivan encouraged her to speak to Christman or Sanders, and later that same day or the next morning, Coates reported the harassment to Christman. Immediately after hearing from Coates, Christman and Earl Graham, another manager, confronted Long. After some discussion, Christman informed Long that he was suspended without pay pending an investigation and that he was not to contact Coates. Later that day, Long resigned. On September 21, 1995, Coates took a medical leave of absence. She resigned on March 21,1996.

Coates subsequently filed suit against Sun-dor and Long in the Northern District of Georgia, alleging that she had been subject to hostile work environment sexual harassment in violation of Title VII.1 In assessing the merits of Sundor’s motion for summary judgment, the magistrate judge analyzed Coates’s claim according to the test for employer liability for a Title VII violation established in Henson v. City of Dundee, 682 F.2d 897, 903-05 (11th Cir.1982). Although Sun-dor conceded that Coates had suffered hostile work environment sexual harassment, the magistrate found that “a reasonable jury could only conclude that [Sundor] took prompt and remedial action [in response to the plaintiffs complaints].” The district court adopted the magistrate’s recommendations, and granted summary judgment to Sundor. Coates appealed.

DISCUSSION

I

As a threshold matter, we note that this ease is controlled by the recently decided [692]*692cases of Faragher v. City of Boca Raton, — U.S. -, 118 S.Ct. 2275, 141 L.Ed.2d 662 (1998), and Burlington Industries v. Ellerth, — U.S. -, 118 S.Ct. 2257, 141 L.Ed.2d 633 (1998). Plaintiffs whose filings predated the announcement of the liability standard for employers under Title VII are not required to have anticipated this standard in their pleadings. See Burlington Industries, — U.S. at -, 118 S.Ct. at 2271 (notwithstanding that original complaint was framed according to standards prevailing at the time, “[the plaintiff] should have an adequate opportunity to prove she has a claim [under the new standards] for which Burlington is liable”).

In Faragher and Burlington Industries, the Supreme Court established that employers are vicariously liable for the actions of their supervisory personnel when the supervisor creates a hostile environment in the workplace. It is not necessary that those at the highest executive levels receive actual notice before an employer is liable for sexual harassment.

[A]n employer is subject to vicarious liability to a victimized employee for an actionable hostile environment created by a supervisor with immediate (or successively higher) authority over the employee.

Faragher, — U.S. at -, 118 S.Ct. at 2292-93; see also Burlington Industries, — U.S. at -, 118 S.Ct. at 2270 (same).

To establish liability, however, the Supreme Court differentiated between cases in which an employee suffers an adverse “tangible employment action”2 as a result of sexual harassment and those cases in which an employee suffers the intangible harm flowing from the indignity and humiliation of sexual harassment. In the former ease the vicarious liability is established by the proof of sexual harassment and the adverse tangible employment action taken by the supervisor. See Faragher, — U.S. at -, 118 S.Ct. at 2292-93; Burlington Industries, — U.S. at -, 118 S.Ct. at 2270.

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160 F.3d 688, 1998 U.S. App. LEXIS 28457, 74 Empl. Prac. Dec. (CCH) 45,613, 78 Fair Empl. Prac. Cas. (BNA) 763, 1998 WL 789169, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coates-v-sundor-brands-inc-ca11-1998.