Curtis Wheat v. Fifth Third Bank

785 F.3d 230, 2015 FED App. 0084P, 2015 U.S. App. LEXIS 7532, 99 Empl. Prac. Dec. (CCH) 45,311, 126 Fair Empl. Prac. Cas. (BNA) 1668, 2015 WL 2116129
Court of Appeals for the Sixth Circuit·Decided May 7, 2015·No. 13-4199·Published·Cited by 45 cases

Opinion

OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

Following a workplace altercation between plaintiff Curtis Wheat and one of Wheat’s co-workers, defendant Fifth Third Bank' terminated Wheat’s employment at the financial institution. Wheat then filed this lawsuit, asserting that his termination was motivated by racial animus, in violation of both Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 2000e-2000e-17, and the Ohio Civil Rights Act, Ohio Rev. Stat. § 4112.02(A). After a period of discovery, the bank filed a motion for summary • judgment and, based on a report and recommendation submitted by a magistrate judge, the district court granted the motion and entered judgment for the bank. In doing so, the district court held that Wheat had failed to establish a necessary element of his prima facie case and that, in any event, he could not show that the bank’s asserted rationales for its employment decision were a pretext for invidious discrimination. On appeal, Wheat challenges both determinations. For the reasons discussed below, we conclude that Wheat has met his less-than-onerous burden of establishing a prima facie case of racial discrimination and that he has identified genuine disputes of material fact that preclude a finding that the bank’s stated reasons for firing Wheat were not pretextual. We therefore reverse the judgment of the district court and remand this matter for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

Curtis Wheat, an African-American male, began working at the Madisonville (Ohio) branch of Fifth Third Bank as a sorter operator in 2001. By 2010, his job description had changed to that of a payment processor in the wholesale-lockbox department of the bank, although beginning in August 2009, Wheat also functioned as an “auditor” who “double-check[ed] [other] payment processors’] work.”

On Friday, February 19, 2010, Wheat was scheduled to report to work for the second shift at 3:00 p.m. As was his custom, he arrived at work early, “[p]robably 10 til,” and stopped at the mail-packaging desk to speak with Lateascha (Tish) McNear before he clocked in. According to his deposition testimony, Wheat then observed Brad Hatfield, a Caucasian male payment processor, fumbling with his tray of work and grimacing. Wheat was responsible for checking Hatfield’s work, and when he noticed Hatfield’s apparent frustration, he presumed that Hatfield was *233 upset with Wheat’s audit of what Hatfield had done. Wheat asked Hatfield whether there was a problem, and Hatfield responded, ‘What do you mean is there a problem?” At that point, Wheat retorted, “[Y]ou don’t answer a question with a question,” and, according to Wheat’s testimony, “it just took off from there,” with Hatfield claiming, seemingly incongruously, that he was not afraid of Wheat. Wheat then left the ar.ea, clocked in for work, and proceeded to his desk.

Other witnesses to the verbal exchange offered similar accounts. Sami Badawi, the lead for the wholesale-lockbox payment processors, related that “Curtis asked, ‘What is your problem,’ to Brad. And Brad said, T don’t have a problem.’ And everybody go to his desk.” Hatfield’s deposition testimony provided a more detailed recitation of the encounter between Wheat and him but still confirmed that the interaction ended without serious incident:

I was pitching my mail. And I believe it was 3:00. Around that time. Curtis walked in and began talking to a mail-room lady. I believe her name was [Tish]. I don’t know what they were talking about, but he asked me if I had a problem. I was — I looked at him very stunned and shocked and said, “What?” And he said, “You heard me. Do you have a problem? I said, “What” probably three or four times. And then I said, “No.”
And then he walked — he left [Tish] and he was going back to his desk. At that point he would have met me more face on. And he said, “Do you have a problem?” And I said, “No. Do you have a problem? The fact that you are asking me this implies to me that you have a problem. Do you have a problem?” And then he said, “Don’t answer me— don’t answer my question with a question. Do you have a problem?” And I said, “If you are trying to scare me, it’s not working.” He said, “Do you want to bet?” I said, “What’s that supposed to mean?” He said, “Do you want to bet, because I’m a betting man.” At that point I don’t know if he walked away or if I walked away, but he returned to his desk and I finished pitching the mail.

Had that been the extent of the interaction between Wheat and Hatfield that afternoon, the parties would not be embroiled in this . litigation. Unfortunately, shortly after Wheat returned to his desk, Badawi observed, “Brad come back to Curtis, to his desk.” Wheat claimed that Hatfield continued to ask whether he had a problem, to which the Wheat replied, “I didn’t know I had a problem.” When Hatfield then asked Wheat if he was “PMSing,” Wheat claimed that he responded, “I didn’t know I was a female.” At that point, Hatfield “started getting loud. So [Wheat] remember[ed] another individual said we should take it outside, off the floor. So [Wheat] was like, Would you like to go outside so we don’t get other employees involved?’ ”

Wheat recounted the ensuing events as follows during his deposition testimony:

Well, we got out [into the hallway], and he was like, “Dude, what is your problem?” And I told him, “I didn’t know I had a problem.” And I was like, “Now, we’re out here. You should ask — we should try to figure out what is the problem.” And we was just going back and forth. And he was like — he made a threat that I didn’t know what he was capable of doing, and he — I told him, “You’re right. I don’t know what you are capable of doing.” And that’s when [supervisor Jason] Curfiss came out. Well, Mr. Curfiss was basically out there when we got out into the hallway. So Mr. Curfiss witnessed the whole event. So we was sitting there exchanging *234 words. Then I was about to turn around and that’s when he assaulted me.... [Hatfield] like, took a — I don’t know if it was a punch or a swipe, but he touched me.... He, like, swatted me. Like, hit my arm.... I was ready to turn around and leave and that’s when he hit me like I was going to do something to him.

Rather than retaliate physically, Wheat claimed, “I called him a little bitch.... Multiple times.”

Hatfield admitted that he was indeed responsible for prolonging the initial confrontation between the two men. He also corroborated much of Wheat’s account of the ensuing exchange, claiming:

Free access — add to your briefcase to read the full text and ask questions with AI

Curtis Wheat v. Fifth Third Bank, 785 F.3d 230, 2015 FED App. 0084P, 2015 U.S. App. LEXIS 7532, 99 Empl. Prac. Dec. (CCH) 45,311, 126 Fair Empl. Prac. Cas. (BNA) 1668, 2015 WL 2116129 (6th Cir. 2015).

785 F.3d 230 (Curtis Wheat v. Fifth Third Bank) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related