Colenburg v. Starcon International, Inc.

619 F.3d 986, 2010 U.S. App. LEXIS 18146, 93 Empl. Prac. Dec. (CCH) 44,005, 110 Fair Empl. Prac. Cas. (BNA) 156, 2010 WL 3396845
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 31, 2010
Docket09-2544
StatusPublished
Cited by9 cases

This text of 619 F.3d 986 (Colenburg v. Starcon International, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Colenburg v. Starcon International, Inc., 619 F.3d 986, 2010 U.S. App. LEXIS 18146, 93 Empl. Prac. Dec. (CCH) 44,005, 110 Fair Empl. Prac. Cas. (BNA) 156, 2010 WL 3396845 (8th Cir. 2010).

Opinions

WOLLMAN, Circuit Judge.

Taron Colenburg appeals from the district court’s1 grant of summary judgment to STARCON International, Inc. (Starcon) on his claims of race-based employment discrimination, reprisal, and hostile work environment under the Minnesota Human Rights Act (MHRA), MinmStat. § 363A.01, and on Starcon’s counterclaim for repayment of an advance for relocation expenses. We affirm.

I.

Because this is an appeal of a grant of summary judgment for Starcon, we state the facts in the light most favorable to the non-moving party, Colenburg.

Colenburg, who is African-American, worked at Starcon from November 2005 to April 2008. Starcon is based in Illinois and performs contract maintenance work at oil refineries, including Marathon Ash-land Petroleum Company’s refinery in St. Paul, Minnesota, where Colenburg worked as a mechanic apprentice and scaffold builder.

[990]*990In July 2006, Colenburg entered into a relocation agreement with Starcon, under the terms of which Colenburg received $12,000 for relocation and job-transition expenses. The agreement also provided that Colenburg would be liable to repay the $12,000 advance if he did not remain with Starcon for at least two years after signing the agreement. This obligation to repay was subject only to two exceptions: if either the employee was discharged because of a “reduction in force” or the employee quit because the pay for their position was cut, they would not have to repay the advance.

During his time at Starcon, Colenburg generally received favorable reviews and steady promotions. While Colenburg was employed at the St. Paul site, his supervisor was Clayton Holznagel. Initially, Co-lenburg’s foreman was Brandon Wallheimer. Wallheimer resigned in August 2007 and was replaced as foreman by Cesar Huerta, who in turn was replaced as foreman by Kristian Olsen in January 2008.

Colenburg testified regarding several racial comments that were made during his employment. In March 2006, Wall-heimer spoke with Colenburg about a job that Colenburg had just finished. Wall-heimer felt that Colenburg had taken too much time to complete the job, laughed and said, “You were dragging like that man down in Texas whose head was getting drug — and his body is getting drug and his head popped off.” Appellant’s Appx. at 71. Colenburg understood Wall-heimer to be referencing the lynching of James Byrd, during which Byrd was dragged behind a pickup truck until he was decapitated. Appellant’s Br. at 8 n. 3. Colenburg expressed his displeasure at the remark and Wallheimer apologized for making it. In May 2006, Colenburg asked Wallheimer about why he and James Andrews, another African-American employee, were not receiving raises and promotions. According to Colenburg, Wallheimer replied, “Do you know any, you know, black leadmen?” Appellant’s Appx. at 71. According to Colenburg, on another occasion Wallheimer said to him, “[Y]ou black guys up North, you guys speak boldly, but down South you don’t act that way; down South, it’s differently [sic].” Id. at 72.

Jesus Narro was Colenburg’s co-worker from November 2005 to March 2007 at the work site. After Narro’s employment ended, he brought a claim of racial discrimination against Starcon. After Narro’s claim was filed, Wallheimer told a group of employees, including Colenburg, that he thought Narro’s claim “was some BS” and asked the employees whether any of them agreed with the claim. Colenburg later stated that he thought that Wallheimer was trying to intimidate the employees by declaring in their presence that Narro’s claim was “BS.” Id. at 102. According to Colenburg, Wallheimer assigned the more difficult and dangerous jobs to African-American and Hispanic workers.

In October 2006, Colenburg complained to Jeff Sutton, the human resources manager for maintenance, and Reggie Williams, Vice President, that he was being subjected to racial discrimination. Co-lenburg told Williams that he was being passed over for raises while his “white coworkers had gotten raises.” Id. at 92. Williams responded that it sounded like “blatant racism” to him, told Colenburg not to “worry about it,” and said that he would speak to Sutton about the matter. Id. Sutton was based in Chicago, but he traveled to the work site to interview Co-lenburg. The two had lunch and Sutton took a full report of Colenburg’s complaints. Sutton said that he would look at the matter and respond. Sutton and Colen-burg have not communicated since the [991]*991lunch meeting. Colenburg stated that he was unaware of what action was taken in response, but that he had learned that the company spoke to Wallheimer about the complaint. In December 2006, Colenburg complained to Marc Daigle, superintendent, about the promotion of a recently hired white mechanic. Colenburg told Daigle, “This is blatant racism. You haven’t reached out to anyone who is a minority.” Daigle responded that it was not racism, that he did not have to explain the situation to Colenburg, and that the promoted worker had “been working hard.” Id. at 85.

In January 2008, Huerta was unable to work for one week because of a family emergency. Holznagel temporarily promoted Olsen, a recent hire who was white, to replace Huerta. Colenburg became upset and confronted Holznagel about the promotion in the presence of other employees. Holznagel stated that Colenburg became very aggressive, waved his arms, and yelled. Id. at 125. In response, Hol-znagel suspended Colenburg for one day without pay “for his inappropriate behavior and abusive outburst towards the Project Manager, his supervisor and his fellow Team Members.” Id. at 182. Holznagel warned Colenburg that any further violations of Starcon’s polices would result “in further disciplinary action up to, and including, termination of employment.”

Holznagel contacted Starcon’s human resources department for assistance in permanently filling the vacancy left by Huerta. In his email to human resources on January 16, 2008, Holznagel said that he had a few candidates in mind, but thought it best to post the vacancy so that it would not appear as if he was “playing favorites.” The following morning, Hol-znagel promoted Olsen on a permanent basis without posting the position. Id. at 127. Holznagel stated that he felt Olsen was qualified in light of his military leadership experience and his recent performance as Huerta’s replacement, despite Olsen’s admitted fear of heights and the challenge that it posed when working on high scaffolding. Id. at 79-80, 147. Hol-znagel also stated that he believed that Colenburg wanted to be a planner, rather than a foreman. After the decision to promote Olsen was announced, Colenburg spoke with the safety manager, Rick Box-ford. Boxford told Colenburg that he thought the promotion of Olsen was “blatant” discrimination and gave him a card for a lawyer.

In April 2008, Colenburg had a dispute with Chris Mishkee, the maintenance foreman at the time. By radio, Colenburg requested a laminated copy of the safety manual. Colenburg later stated that the paper copies deteriorated, and he felt that he needed a laminated copy to assist with the training of a new employee. In a loud and aggressive manner, Mishkee responded that Colenburg already had an unlami-nated copy of the manual and that he should “get to work.” Id. at 97. Colen-burg felt that Mishkee’s response was disrespectful and insulting; Colenburg reacted by raising his voice over the radio. Id.

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Colenburg v. Starcon International, Inc.
619 F.3d 986 (Eighth Circuit, 2010)

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619 F.3d 986, 2010 U.S. App. LEXIS 18146, 93 Empl. Prac. Dec. (CCH) 44,005, 110 Fair Empl. Prac. Cas. (BNA) 156, 2010 WL 3396845, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colenburg-v-starcon-international-inc-ca8-2010.