Davis v. Landscape Forms, Inc.

640 F. App'x 445
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 2, 2016
DocketNo. 15-1549
StatusPublished
Cited by2 cases

This text of 640 F. App'x 445 (Davis v. Landscape Forms, Inc.) 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
Davis v. Landscape Forms, Inc., 640 F. App'x 445 (6th Cir. 2016).

Opinion

ROGERS, Circuit Judge.

Victor Davis, who is black, was terminated by Landscape Forms, Inc. (LFI) for falsification of a timesheet, intimidation of team members, and interference with a company investigation. Davis sued LFI for racial harassment, race discrimination, and retaliation, asserting claims under state and federal statutes. These claims are based' on incidents in the workplace with racial overtones. Summary judgment was proper regarding Davis’ claims under 42 U.S.C. § 1981, § 1981a, and state law,, as those claims are time-barred by a contractual limitations clause. Because Davis cannot prevail on the merits of his harassment, discrimination, and retaliation claims under Title VII of the Civil Rights Act, LFI was properly granted summary judgment on those claims, too.

Davis was hired by LFI as a welder in November 2011 and was . given a permanent position by James Ackley, the company’s production manager, in April 2012. Davis worked in a “modular cell” — a production unit within LFI — with ten to twelve other employees. Scott Ackley, James Ackley’s brother, was Davis’ modular cell leader and immediate supervisor.1

Davis’ claims center on three incidents (the “racial incidents”) that occurred in July and August 2012, and on racial slurs in the workplace that occurred over an unidentified period of time. The first racial incident involved a coworker placing a banana in Davis’ work boot when Davis was absent from work one day in July [447]*4472012. Davis found the banana when he returned to work. In the second incident, a coworker wrote the word “Chiquita”— presumably a reference to the banana distributor — and the phrase “ghetto fab” on yellow tape that had been fixed onto Davis’ work helmet. This incident, too, occurred in July. The third incident, which occurred on the afternoon of August 29, involved a drawing of a monkey on a white board in LFI’s facility, with a caption that read “I love bananas.” The drawing was erased that same afternoon. The racial slurs are discussed in more detail below, as are the dates on which Davis reported the three racial incidents.

Between April and August 2012, Davis had attendance problems at work, calling in late or absent on at least ten occasions. Davis did not explain some of these incidents, Regarding the others, Davis explained that his alarm did not go off, he overslept, he had to take care of family issues, his car broke down or was stolen, and he had to leave the state for his mother’s funeral. Scott Ackley talked with Davis about his attendance in mid-August, emphasizing the importance of Davis’ “being there when his team needed him.” On Monday, August 27, temporary cell leader Nate Quick noticed inconsistencies in the entries on Davis’ timesheet for the week beginning on the previous Monday, August 20. To record hours worked, employees would log into a computer, enter an employee number, and enter the number of hours. Davis’ timesheet indicated that Davis had worked eight hours on August 21, a Tuesday on which Davis had called in absent, and six hours on August 25, a Saturday when LFI’s facility was closed. Davis corrected the timesheet when Quick asked Davis about the entries. Davis maintained that another employee must have logged into the computer with Davis’ employee number, intentionally entering the hours.

On Tuesday, August 28 — the day after Davis’ conversation with Quick — an employee told Quick that two of Davis’ coworkers were looking for Davis and could not find him at his work station. When Davis returned to the work station and talked with the coworkers, the coworkers said that they no longer needed him. That same day, Davis decided to meet with Karen Phillips, LFI’s “People Department Specialist,” to report that he was being harassed by his coworkers. It is undisputed that Davis made only the following three allegations to Phillips on August 28, each involving recent incidents not of an overtly racial nature: a coworker sent a text message to Davis’ girlfriend on August 23 stating that Davis was not at work; an unidentified coworker entered hours on Davis’ timesheet for the week of August 20, in an attempt to have Davis fired; and coworkers falsely told Quick on August 28 that they needed Davis’ help when Davis was away from his work station.

On August 29, Phillips and Ackley convened a follow-up meeting with Davis to confirm his complaints. There is a dispute as to whether Davis also complained about the three racial incidents — the banana, work-helmet, and monkey-drawing incidents — during the August 29 meeting or during a later meeting on September 10. Davis testified that he reported the three racial incidents during the August 29 meeting. However, because the monkey-drawing incident occurred after Davis left the meeting with Phillips and Ackley, Davis cannot have reported that incident at the August 29 meeting. In contrast to Davis’ testimony, Ackley testified that Davis reported the three racial incidents for the first time in the September 10 meeting. Ackley’s testimony is corroborated by Phillips’ and Ackley’s notes documenting the August 29 meeting, which indicate that Davis asked them to investigate [448]*448only the text message, timesheet, and workstation incidents at that time. The parties agree that Davis did not tell Phillips or Ackley about hearing racial slurs in the workplace until the September 10 meeting.

After the August 29 meeting, Phillips and Ackley investigated Davis’ text message, timesheet, and work-station complaints by interviewing five employees. As for the text message incident, Ryan Rackley — one of the members of Davis’ modular cell — admitted that he and another coworker, Cornelius Van Wezema, sent the text message to Davis’ girlfriend, Rackley and Van Wezema said that they believed that the phone number belonged to Davis. Ackley also investigated the second issue, the entries on Davis’ time-sheet, by examining when and how Davis typically recorded hours. Based on Ack-ley’s conversations with Davis and an IT employee, Ackley concluded that on Monday, August 27, Davis intentionally entered hours for time that he had not worked. Regarding the third issue of coworkers accusing Davis of not being at his work station, several employees told Ack-ley that Davis was frequently away from his work station. Employees also told Ackley that Davis “specifically told people to not talk to [Ackley] about anything when [Ackley] came around” to investigate. Davis denied saying this. Due to the allegations that Davis had interfered with the investigation, Ackley suspended Davis with pay on August 29, the same day that Ackley began investigating Davis’ complaints.

Ackley’s investigation after the August 29 meeting also revealed other information related to Davis’ work history. Several employees reported hearing Davis say that he was going to get Rackley fired from LFI. Others reported that Davis would often work slowly on purpose and would leave the work area in an attempt to make overtime work necessary. One employee alleged that Davis once told him to report more hours than the employee had worked. That employee also said that Davis told him not to talk to Ackley, and that Davis added that the employee was “lucky [Davis was] still on parole.”

On September 10, 2012 — approximately two weeks after Davis told Phillips and Ackley about the text message, timesheet, and work-station incidents — Davis met with them again to discuss the results of the investigation. LFI shared what it had found concerning the text message and Davis being away from the work station.

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Bluebook (online)
640 F. App'x 445, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-landscape-forms-inc-ca6-2016.