Collette v. Stein Mart, Inc., et

126 F. App'x 678
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 8, 2005
Docket03-2101
StatusUnpublished
Cited by43 cases

This text of 126 F. App'x 678 (Collette v. Stein Mart, Inc., et) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Collette v. Stein Mart, Inc., et, 126 F. App'x 678 (6th Cir. 2005).

Opinions

ALDRICH, District Judge.

Ms. Collette worked at a clothing store owned by Stein Mart, Inc. (“SM”). She went to a Christmas party held at the home of an assistant manager after work hours on a Sunday night. On Monday, Collette reported to work. On Tuesday, however, she did not report to work, and her lawyer notified SM that general manager John Davidson had sexually harassed her at the party. SM immediately suspended Davidson and initiated an investigation, but Collette did not return to work. The following Monday, SM terminated Davidson. SM advised Collette of this and asked her to return, but she never did. She claims constructive discharge.

Collette filed suit in district court, alleging that SM committed sex discrimination by permitting a hostile work environment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., as amended, and Michigan’s EUiot-Larson Civil Rights Act, MCL § 37.2101 et seq. (“MELCRA”).1 The court granted summary judgment to SM, finding that the harassment was not sufficiently severe or pervasive to create a hostile work environment. The court also held that SM had an affirmative defense under the Supreme Court’s Ellerth and Faragher decisions because (1) it exercised reasonable care to prevent harassment and promptly foreclosed any possibility of further harassment, and (2) Collette unreasonably failed to take advantage of corrective opportunities. For the reasons that follow, we affirm.

I. BACKGROUND

On July 30, 2001, SM hired Collette as an associate in its new Portage, Michigan store. The store’s staff included GM John Davidson and assistant managers Debbie Schafer and Jessie Schmidt. Collette admits that she worked comfortably with all three on a daily basis. See JA 171-77.

On Sunday, December 2, 2001, Davidson, Schmidt and Schafer held a party at Schmidt’s home. After the store closed around 6:00 p.m., Collette and departmental managers Jennifer Overmyer and Amy Harbin bought beer and sat together in Collette’s car drinking and talking. Then they drove to Schmidt’s home, arriving at about 7:00 p.m. Seven people were in attendance: Davidson, Schmidt, Schafer, Collette, Overmyer, Harbin, and a Janel Raber. See JA 181-87.

Collette alleges that when she arrived, Davidson was already intoxicated and soon began to direct sexual comments at her and engage in unwelcome sexual behavior that humiliated her. Between her arrival and around 8:30-9:00 p.m., Davidson (1) pulled Collette onto his lap and said “come [680]*680sit on Daddy’s lap”; (2) sang her a song entitled “The Roof is on Fire” and told her he would blow her through the roof with his large penis; and (3) told her he would “f — her until she squealed like a pig,” which he illustrated by imitating pig noises. See JA 213, see also JA 187-91 (Collette dep. at 38 to 42).

The partiers then played a game, during which Collette sat on the floor. Davidson sat behind her and pushed himself against her, asking if she could “feel that,” referring to his penis. Davidson told Collette that he knew she was married but would like to “do her.” He bragged about his prowess and said that sex with him would be “so good.” The game lasted about thirty minutes. See JA 17-18; JA 193-97. The record does not disclose whether Collette and Davidson interacted between the game’s conclusion at 9:00-9:30 and 10:30 p.m.

At about 10:30 Collette spoke with Schmidt and told him that Davidson was “out of line,” whereupon Schmidt told her to ignore Davidson and never discuss the incident again. See JA 196-98. Collette went back to the living room and sat on the sofa next to Overmyer; Davidson joined them and the three talked. Davidson put his arm around Collette and placed his hand on her thigh. She got off the sofa, went to the kitchen, and told Schafer that someone had to talk to Davidson because he was “out of line.” Schafer suggested Collette was partly at fault because she had laughed at some of Davidson’s behavior. Dissatisfied, Collette left the party. See JA 199-201.

The next day, Monday, December 3, Collette worked a 5 to 9 p.m. shift, while Davidson, Schmidt and Schafer stood behind her whispering. See JA 202-204 and 208. Collette did not bring Davidson’s conduct the night before to anyone else’s attention. On Tuesday, December 4, however, Collette did not report for work, and her attorney advised SM counsel O’Toole that Davidson had sexually harassed her at the party. It is undisputed that O’Toole (1) immediately began investigating by calling Davidson, Schmidt and Schafer, (2) suspended Davidson pending the outcome, and (3) contacted SM District Director Monty Bibb and asked him to come to Portage to investigate. Bibb arrived on Friday, December 6 and took written statements from everyone who had been at the party.

On three occasions SM contacted Collette’s counsel and unconditionally asked her to return to work: by phone on December 7, while Davidson was suspended; by letter on January 16, 2002, over a month after SM terminated Davidson; and by letter in August 2002. Both letters advised Collette that Davidson no longer worked for SM, but she refused to return to work. See JA 209-11.

In March 2002 Collette filed a charge with the EEOC, which issued a right to sue letter. Collette brought suit in the U.S. District Court for the Western District of Michigan, alleging that SM violated Title VII’s prohibition on sex discrimination by intentionally “creating an objectively hostile and intimidating work environment of the severity which” injured her. She further alleged that SM ratified Davidson’s conduct, thereby creating “an objectively intimidating and hostile and offense [sic] work environment” in violation of MELCRA. See id. 111114-22 (JA 19-21). In August 2003 the district court granted summary judgment to SM, and Collette timely appealed.

II. STANDARD OF REVIEW

We review a district court’s grant of summary judgment de novo. See Bridgeport Music, Inc. v. Diamond Time, Ltd., [681]*681371 F.3d 883, 889 (6th Cir.2004) (citation omitted). The district court’s findings of fact are reviewed only for clear error. See Howard v. City of Beavercreek, 276 F.3d 802, 805 (6th Cir.2002) (citation omitted). Where there are no disputed material facts, however, we simply determine de novo whether the district court properly applied the governing legal principles. See Farhat v. Jopke, 370 F.3d 580, 588 (6th Cir.2004) (citation omitted).

III. COLLETTE’S TITLE VII CLAIM

A. Legal Standard: Summary Judgment

The purpose of a motion for summary judgment is to determine if genuine issues of material fact exist to be tried. See Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). As the party seeking summary judgment, SM bore the burden of showing that the pleadings, depositions, interrogatory answers, admissions and affidavits established the absence of genuine issues of material fact. See id. at 323.

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