Crawford v. Aerotek, Inc.

861 F. Supp. 2d 831, 2012 U.S. Dist. LEXIS 37121, 2012 WL 933116
CourtDistrict Court, E.D. Michigan
DecidedMarch 20, 2012
DocketCase No. 09-cv-12932
StatusPublished

This text of 861 F. Supp. 2d 831 (Crawford v. Aerotek, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Michigan primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Crawford v. Aerotek, Inc., 861 F. Supp. 2d 831, 2012 U.S. Dist. LEXIS 37121, 2012 WL 933116 (E.D. Mich. 2012).

Opinion

ORDER ADOPTING REPORT AND RECOMMENDATION (docket no. J,0) AND GRANTING AEROTEK’S MOTION FOR SUMMARY JUDGMENT (docket no. 33)

STEPHEN J. MURPHY, III, District Judge.

Bennita Crawford filed this employment discrimination action pro se on July 24, 2009. The matter was referred to a magistrate judge for all pretrial proceedings. Crawford subsequently retained counsel. Aerotek moved for summary judgment on April 13, 2011. The magistrate judge issued a Report and Recommendation (“Report”) on February 17, 2012, after taking the motions under consideration. He suggests that the Court grant Aerotek’s motion. Crawford asked for additional time to object to the Report, and the Court granted an extension until March 12, 2012. Nonetheless, Crawford still failed to file objections prior to the extended cutoff date.

Civil Rule 72(b) governs review of a magistrate judge’s report and recommendation. De novo review of the magistrate judge’s findings is only required if the parties “serve and file specific written objections to the proposed findings and recommendations.” Fed.R.Civ.P. 72(b)(2). Nevertheless, because a district judge always retains jurisdiction over a motion after referring it to a magistrate judge, he is entitled to review the magistrate judge’s findings of fact and conclusions of law on his own initiative. See Thomas v. Arn, 474 U.S. 140, 154, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985) (clarifying that while a district court judge need not review a report and recommendation “de novo if no objections are filed, it does not preclude further review by the district judge, sua sponte or at the request of a party, under a de novo or any other standard”).

Because Crawford did not file objections, de novo review of the Report’s conclusions is not required. Having reviewed the Report’s analysis, in light of the record, the Court finds that its conclusions are factually based and legally sound. Accordingly, it will adopt the Report’s findings, grant the motion for summary judgment, and dismiss this case.

WHEREFORE, it is hereby ORDERED that the Report (docket no. 40) is ADOPTED.

IT IS FURTHER ORDERED that Aerotek’s motion for summary judgment (docket no. 33) is GRANTED.

SO ORDERED.

[835]*835 REPORT AND RECOMMENDATION MOTION FOR SUMMARY JUDGMENT (Dkt 33)

MICHAEL HLUCHANIUK, United States Magistrate Judge.

I. PROCEDURAL HISTORY

Plaintiff filed a charge with the Equal Opportunity Employment Commission on October 8, 2008, alleging that the defendant had engaged in discriminatory conduct against her. Plaintiff filed an initial complaint in Federal District Court on July 24, 2009, alleging sexual harassment, racial intimidation, failure to promote or train, and a hostile work environment, all of which are violations of Title VII of the Civil Rights Act of 1964. (Dkt. 1). This matter was referred to the undersigned for all pretrial proceedings on March 29, 2010, by District Judge Stephen J. Murphy III. (Dkt. 6). Plaintiffs second amended complaint, which is the controlling complaint also included a claim of workplace retaliation. (Dkt. 21). Defendant filed a motion for summary judgment on April 13, 2011. (Dkt. 33). Plaintiff filed a response on May 9, 2011. (Dkt. 35). A reply to that response was filed by defendant on June 8, 2011. (Dkt. 37). Pursuant to notice, a motion hearing was held regarding defendant’s motion for summary judgment on May 8, 2011. (Dkt. 34). This matter is now ready for report and recommendation.

For the reasons below, the undersigned RECOMMENDS that defendant’s motion for summary judgment be GRANTED, and that the plaintiffs complaint be DISMISSED with prejudice.

II. FACTUAL BACKGROUND

Bennita Crawford began employment with Aerotek on February 14, 2007 (Dkt. 33-4). Her employment agreement specified that her rate of pay would be $10.50 per hour. The employment agreement specified a number of other terms or conditions, relating to insurance plan options, vacation days, and conditions relating to attendance. Specifically, it provided that her position as a receptionist required her to be on time and that excessive tardiness could' result in termination of her employment. Id.

Crawford alleges that she was subjected to various forms of harassment and discrimination during her tenure at Aerotek. She claims that a co-worker refused to train her and that she was ineligible for a promotion because she did not have the proper skills that would have been acquired if she had been properly trained. (Dkt 25, p. 8). Crawford asserts that employees of Aerotek intentionally refused to train her because of her race. (Dkt. 21, p. 2). Specifically, she alleges that Jolene Brozkowski, the employee who was supposed to train her, spent time drinking alcohol with other employees and fraternized with the same men who sexually harassed plaintiff. (Dkt. 25, p. 8). Plaintiff claims that the general corporate culture was similar to that of a fraternity, and that it is undisputed that employees at Aerotek drank alcohol on more than one occasion in the office. It is also alleged by various Aerotek employees that plaintiff also drank alcohol in the office and did not object or seem to feel uncomfortable in any way. (Dkt. 33, p. 13).

Disciplinary action was taken against plaintiff in the form of oral and written warnings. She had been late to work, and took an excessive number of days off. (Dkt. 33, p. 12). According to Aerotek, plaintiffs disciplinary action regarding her absenteeism disqualified her from any promotion and whether or not she was trained would not have mattered. Id. Plaintiff alleges that defendant was simply “building a case against her” and that she was subjected to disciplinary action when other employees had similar attendance issues but were never formally disciplined. (Dkt. [836]*83635-2, p. 35). Plaintiff states that the company was building a case against her as a pretext to terminate her employment. Crawford also asserts that she was eventually required to submit documentation of her medical visits, a policy which was initiated solely for her. (Dkt. 35-2, p. 44). In her deposition, plaintiff claimed that a supervisor suggested that she take advantage of the Family Medical Leave Act because she was missing so much work. According to plaintiff, her supervisors made this suggestion as a pretext just to get her out of the office and that her position would be eliminated when or if she ever tried to return to work. (Dkt 33-2, p. 36).

Defendant issued formal written warning to plaintiff for an incident that occurred relating to a request for time off. Plaintiff requested a half day off for her child’s birthday on November 20, 2008, and her request was denied by her supervisor, Karen Philbrick, for the stated reason that there simply was no other staff to cover for her absence. Crawford allegedly became incensed at this denial, used profanity, acted in an unprofessional manner, and insisted that she would still be taking a half a day off. (Dkt. 33-23).

Plaintiff asserts that from a period of May 2008 to August 2008 she was subjected to embarrassing sexual comments from another employee, Nathan Johanson.

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Bluebook (online)
861 F. Supp. 2d 831, 2012 U.S. Dist. LEXIS 37121, 2012 WL 933116, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crawford-v-aerotek-inc-mied-2012.