Culbert v. Cleco Corp.

926 F. Supp. 2d 886, 2013 WL 638619, 2013 U.S. Dist. LEXIS 23528
CourtDistrict Court, W.D. Louisiana
DecidedFebruary 19, 2013
DocketCivil Action No. 11-1698
StatusPublished
Cited by11 cases

This text of 926 F. Supp. 2d 886 (Culbert v. Cleco Corp.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Culbert v. Cleco Corp., 926 F. Supp. 2d 886, 2013 WL 638619, 2013 U.S. Dist. LEXIS 23528 (W.D. La. 2013).

Opinion

MEMORANDUM RULING

TOM STAGG, District Judge.

Before the court is the second motion for summary judgment filed by the defendant, Cleco Corporation (“Cleco”), seeking dismissal of all remaining claims alleged by the plaintiff, Eddie Culbert (“Culbert”). See Record Document 122. Based on the following, Cleco’s second motion for summary judgment is GRANTED.

I. BACKGROUND1

Culbert, along with twelve other current and former African-American employees of Cleco, brought an action against Cleco, alleging, inter alia, race discrimination and retaliation pursuant to Title VII of the Civil Rights Act of 1964, Section 1981 of the United States Code, the Louisiana Employment Discrimination Law, and the Louisiana Commission on Human Rights. See Record Documents 1, 5 and 25. The court ruled on Cleco’s first motions for summary judgment as to each plaintiff, and the remaining causes of action were severed. See Record Document 115. Regarding the first motion for summary judgment as to the claims of Culbert, the court dismissed his Title VII claims, state law claims, and ADEA claims. See Record Document 114. The court now addresses Culbert’s remaining failure to promote, pay discrimination, racial discrimination, retaliation, hostile work environment, and constructive discharge claims brought pursuant to 42 U.S.C. § 1981.

Culbert began working for Cleco in May of 1978 as a Laborer at the Rodemacher [890]*890Power Plant facility, and on October 25, 1980, he became a Utility Worker. See Record Document 122, Exs. A at 7 and B at ¶ 3. He was promoted to Auxiliary Operator in 1982. That position comprised three different levels: associate, mid, and senior. In 1985, Culbert became a mid-level Auxiliary Operator and he became a senior-level Auxiliary Operator in 1987. See id., Ex. B at ¶ 3. His duties included monitoring equipment, and much of the work was performed outside. See id., Ex. A at 8. Employees who held the position of Equipment Operator worked inside the plant’s control room. An Equipment. Operator received a higher hourly wage than an Auxiliary Operator, and Cleco considered the position a promotion from Auxiliary Operator. See id., Ex. B at ¶ 3.

In June of 1997, the positions of Auxiliary Operator and Equipment Operator were combined into the Power Plant Technician position. See id., Ex. B at ¶ 6. The position, like that of the Auxiliary Operator, comprised three levels: associate, mid, and senior. The Auxiliary Operator’s duties were assigned to the associate and mid-level positions. The Equipment Operator duties were assigned to the senior position. According to Rebekah Spring, Director of Employee Relations, the senior level Power Plant Technician was paid a higher hourly wage of approximately two to three dollars and was considered a promotion from the lower level positions. See id. After this reclassification, Culbert became a mid-level Power Plant Technician. See id., Ex. C at ¶ 3. In December of 2007, the Power Plant Technician position was split into the two positions of Auxiliary and Equipment Operator as they were originally. See id., Ex. C at ¶ 9. Culbert retired on July 1, 2008. See id., Exs. A at 8 and B at ¶ 9.

II. ANALYSIS

A. Summary Judgment Standard.

Summary judgment is proper pursuant to Rule 56 of the Federal Rules of Civil Procedure when “there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.”2 Quality Infusion Care, Inc. v. Health Care Serv. Corp., 628 F.3d 725, 728 (5th Cir.2010). “Rule 56[ (a) ] mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party’s case, and on which that party will bear the burden of proof at trial.” Patrick v. Ridge, 394 F.3d 311, 315 (5th Cir.2004). If the movant demonstrates the absence of a genuine dispute of material fact, “the nonmovant must go beyond the pleadings and designate specific facts showing that there is a genuine [dispute] for trial.” Gen. Universal Sys., Inc. v. Lee, 379 F.3d 131, 141 (5th Cir.2004). Where critical evidence is so weak or tenuous on an essential fact that it could not support a judgment in favor of the nonmovant, then summary judgment should be granted. See Boudreaux v. Swift Transp. Co., 402 F.3d 536, 540 (5th Cir.2005). The Fifth Circuit has cautioned that “conclusory allegations, speculation, and unsubstantiated assertions are inadequate to satisfy” the nonmovant’s burden in a motion for summary judgment. Ramsey v. Henderson, 286 F.3d 264, 269 (5th Cir.2002).

[891]*891B. Failure To Promote.

Culbert claims that Cleco failed to promote him during his tenure at Cleco because of his race, in violation of 42 U.S.C. § 1981. See Record Documents 1 and 5. Cleco argues that Culbert’s failure to promote claims have prescribed under Louisiana’s one-year prescriptive period and, otherwise, have no merit. Culbert maintains that his claims, filed pursuant to section 1981, have not prescribed.

1. Statute Of Limitations.

Section 1981 does not contain a statute of limitations. See Jones v. R.R. Donnelley & Sons Co., 541 U.S. 369, 371, 124 S.Ct. 1836, 1839, 158 L.Ed.2d 645 (2004). When a federal statute does not contain a statute of limitations, courts should apply “the most appropriate or analogous state statute of limitations.” Id. Under Louisiana law, “[a] section 1981 claim is best characterized as a tort ... and is, therefore, governed by the one-year prescriptive period for delictual actions dictated by [Louisiana Civil Code article] 3492.” Taylor v. Bunge Corp., 775 F.2d 617, 618 (5th Cir.1985). However, for actions arising under federal statutes enacted after December 1, 1990, courts must apply a catchall four-year statute of limitations. See 28 U.S.C. § 1658 (“Except as otherwise provided by law, a civil action arising under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues.”).

Section 1981 was originally enacted as part of the Civil Rights Act of 1866 and covered “only conduct at the initial formation of the contract and conduct which impairs the right to enforce contract obligations through legal process.” Patterson v. McLean Credit Union, 491 U.S. 164

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Bluebook (online)
926 F. Supp. 2d 886, 2013 WL 638619, 2013 U.S. Dist. LEXIS 23528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/culbert-v-cleco-corp-lawd-2013.