Crabtree v. BHK of America

954 F. Supp. 1138, 1996 U.S. Dist. LEXIS 20486, 1996 WL 788701
CourtDistrict Court, W.D. Virginia
DecidedSeptember 17, 1996
DocketCivil Action 95-0045-D
StatusPublished

This text of 954 F. Supp. 1138 (Crabtree v. BHK of America) is published on Counsel Stack Legal Research, covering District Court, W.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crabtree v. BHK of America, 954 F. Supp. 1138, 1996 U.S. Dist. LEXIS 20486, 1996 WL 788701 (W.D. Va. 1996).

Opinion

*1140 MEMORANDUM OPINION

KISER, Chief Judge.

Before me is defendant’s motion for summary judgment. The parties have briefed the issues and presented oral argument. The motion is therefore ripe for disposition. For the reasons contained herein, I am of the opinion that defendant’s motion should be granted.

FACTUAL BACKGROUND

This is a sexual harassment and retaliatory discharge action under Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e et seq. Plaintiff, Mr. Crabtree, a male employee of defendant corporation, BHK of America (“BHK”), alleges that BHK wrongfully discharged him from employment and that such action constituted discrimination on the basis of sex in the form of sexual harassment and retaliatory discharge. BHK now moves for summary judgment.

Mr. Crabtree’s employment with BHK began on August 8, 1994. He was hired as a machine operator. Crabtree alleges that in November of 1994, Chris Cole, the machine supervisor, told him a joke, to-wit:

Q: Do you have a dieky-do disease?
(No response)
A: You know, does your belly stick out further than your dicky do.

Cole informed Crabtree that a female employee, Tammy Holland, had asked him to relate the joke to Crabtree.

Crabtree acknowledges that this was an isolated event and that during the remainder of his employment he heard no more sexually offensive remarks.

At the time of this incident, BHK had in place a sexual harassment policy which states:

“It is BHK of America’s policy to prohibit harassment of one employee by another employee or supervisor on the basis of sex____ While it is not easy to define precisely what harassment is, it certainly includes unwelcome jokes or comments, sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.”

The policy also describes a procedure for employees to voice grievances:

“Any employee who feels that he/she has been subjected to sexual harassment should immediately report the matter to the President or Personnel Manager.... [Tjhere will be no retaliation for either filing a complaint or participating in an investigation.”

The policy is clearly marked in the employee handbook, a copy of which was received by Crabtree, who acknowledged that he read and understood the policy. Crabtree admits that he chose not to follow the policy but instead requested Chris Cole, the machine supervisor and the person who had related the offensive joke to him, to set up a meeting with management. At no time during the two months following the offensive joke and the time of his termination did Crabtree attempt to report the incident to the Personnel Manager or the Plant Manager as provided in the employee manual.

On January 13,1995, before a meeting had been arranged and approximately two months after hearing the offensive remark, Crabtree became involved in an incident with another employee. Crabtree alleges that before lunch on January 13th he told two other employees that he was going to talk to the Plant Manager, Zdravko Radakovic, that day if Cole had not yet arranged for a meeting. Following lunch on January 13th, David Day, the shift supervisor and brother-in-law of Tammy Holland, issued a written warning to Crabtree for creating a disturbance on the floor. Day alleges that Crabtree was threatening Brian Greene, another employee, with whom Crabtree allegedly has a history of problems. Crabtree alleges that Mr. Day never mentioned why he had issued the warning and claims that he never threatened Mr. Greene.

Upon leaving Day’s office, Crabtree claims to have remarked, “Why don’t you write your sister-in-law up for sexual harassment.” After meeting with Day, Crabtree alleges that his machine was not working properly and that he asked Mr. Greene to repair it. Crabtree claims Greene was angered by the request and became physically hostile. *1141 Crabtree alleges that Mr. Day intervened to separate Crabtree and Greene by stepping between the two men and pushing Crabtree in the chest with his fists.

After the incident, Richard Wimmer, the Production Supervisor, suspended Crabtree, instructing him to return to work on January 17, 1995. Upon returning to work, Mr. Radakovie informed Crabtree of the decision to terminate his employment. Mr. Radakovic’s decision was based on an investigation into the January 13,1995 altercation with Greene in which he interviewed Mr. Day, Mr. Greene, Mr. Cole, and Mr. Talley, all employees who witnessed the event. Radakovic was not aware of Tammy Holland’s alleged sexual harassment prior to making his decision.

I. Summary Judgment Standard

Summary judgment is appropriate where there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c). Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial and summary judgment is appropriate. Matsushita Elec. Indus. Co. v. Zenith Radio Co., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). In considering a motion for summary judgment, “the court is required to view the facts and draw reasonable inferences in a light most favorable to the nonmoving party. The plaintiff is entitled to have the credibility of all his evidence presumed.” Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.) (citations omitted), cert. denied, 513 U.S. 814, 115 S.Ct. 68, 130 L.Ed.2d 24 (1994). There is a genuine issue of fact “if the evidence is such that a reasonable jury could return a verdict for the non-moving party.” Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986).

II. Sex Discrimination Under Title VII

Title VII of the Civil Rights Act of 1964 prohibits “... discrimination against any individual with respect to his compensation, terms, conditions or privileges of employment, because of such person’s race, col- or, religion, sex or national origin.” 42 U.S.C. § 2000e-2(a)(l). The Supreme Court, in Meritor Savings Bank, FSB v. Vinson, 477 U.S. 57, 106 S.Ct. 2399, 91 L.Ed.2d 49 (1986) established that pervasive sexual harassment that creates a hostile or abusive environment in the work place may support a claim of sex discrimination under Title VII.

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Related

Meritor Savings Bank, FSB v. Vinson
477 U.S. 57 (Supreme Court, 1986)
Anderson v. Liberty Lobby, Inc.
477 U.S. 242 (Supreme Court, 1986)
Shaw v. Stroud
13 F.3d 791 (Fourth Circuit, 1994)
Ross v. Communications Satellite Corp.
759 F.2d 355 (Fourth Circuit, 1985)
Swentek v. Usair, Inc.
830 F.2d 552 (Fourth Circuit, 1987)

Cite This Page — Counsel Stack

Bluebook (online)
954 F. Supp. 1138, 1996 U.S. Dist. LEXIS 20486, 1996 WL 788701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crabtree-v-bhk-of-america-vawd-1996.