Deaudra Bell v. Conopco, Inc.

186 F.3d 1099, 1999 U.S. App. LEXIS 18894, 80 Fair Empl. Prac. Cas. (BNA) 971, 1999 WL 615518
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 16, 1999
Docket98-3730
StatusPublished
Cited by84 cases

This text of 186 F.3d 1099 (Deaudra Bell v. Conopco, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deaudra Bell v. Conopco, Inc., 186 F.3d 1099, 1999 U.S. App. LEXIS 18894, 80 Fair Empl. Prac. Cas. (BNA) 971, 1999 WL 615518 (8th Cir. 1999).

Opinion

WOLLE, District Judge.

In this employment discrimination lawsuit, the employer contends an earlier arbitration decision in its favor entitles it to summary judgment against its employee. The district court granted summary judgment for the employer, finding the arbitration decision highly persuasive. We reverse and remand, concluding that evidence in the summary judgment record, believed by a jury, might properly lead to a decision different than the arbitration award that favored the employer.

I.

Conopeo, Inc., d/b/a Thomas J. Lipton Company (Lipton), discharged its employee DeAudra Bell by following the grievance procedure set forth in a collective bargaining agreement between Lipton and Local 888 of the International Brotherhood of Teamsters (Union). The Union grieved the discharge on behalf of Bell, but an arbitrator decided that Lipton had not violated the collective bargaining agreement. One issue before the arbitrator was whether Lipton had violated the non-discrimination clause in the collective bargaining agreement that stated: “There shall be no discrimination ... with respect to promotion, discharge, or in any other respect because of color [or] race....” 3 After the Union’s federal lawsuit failed to overturn the arbitrator’s decision, Bell filed her charge of discrimination with the Equal Employment Opportunity Commission and Missouri Commission on Human Rights, alleging race and retaliation discrimination. Receiving no relief in administrative proceedings, Bell commenced this lawsuit alleging violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and the Missouri Human Rights Act (MHRA), R.S.Mo. § 213.010, et seq.

With discovery completed, Lipton filed its motion for summary judgment emphasizing the arbitrator’s decision that Lipton had not violated the nondiscrimination clause in discharging Bell. Ruling on the motion, the district court first decided that the arbitral decision did not foreclose Bell from filing her discrimination lawsuit. But *1101 the district court then stated it found the arbitrator’s decision “highly persuasive” because evidence supporting Bell’s claim had been “actually presented through live testimony at the arbitration hearing,” and the court concluded: “Considering the arbitrator’s conclusion that plaintiff had not proven any unlawful discrimination and the weak evidence supporting plaintiffs case, the court deems summary judgment appropriate under these facts.”

II.

Lipton first contends the district court need not have reached the merits of this case because the voluntary submission of the discrimination issue to an arbitrator precludes relitigation of that issue in this lawsuit. The district court found otherwise, relying on Alexander v. Gardner-Denver Co., 415 U.S. 36, 47, 94 S.Ct. 1011, 39 L.Ed.2d 147 (1974) (prior arbitral decision regarding a question of discrimination does not foreclose an individual’s right to sue under Title VII). We agree the arbitration decision did not bar Bell’s Title VII and Missouri Human Rights Act discrimination claims.

Lipton relies primarily on Gilmer v. Interstate/Johnson Lane Corp., 500 U.S. 20, 111 S.Ct. 1647, 114 L.Ed.2d 26 (1991). Gilmer, however, involved enforceability of arbitration agreements in collective bargaining agreements, not the question here concerning whether an arbitration decision concerning non-discrimination clauses in collective bargaining agreements bars subsequent statutory discrimination lawsuits. Id. at 35, 111 S.Ct. 1647. The district court correctly followed Gardner-Denver’s holding that Title VII claims are not barred by arbitration decisions. See Varner v. National Super Markets, Inc., 94 F.3d 1209, 1213 (8th Cir.1996) (finding absolute right to adjudicate suits under Title VII despite binding arbitration under a collective bargaining agreement).

III.

Lipton next contends we should affirm because Bell generated no genuine issue of fact to prove its reasons for discharging Bell were pretextual and the firing was racially motivated. Bell’s federal and state racial discrimination claims both implicate the burden-shifting framework of McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973); see Rose-Maston v. NME Hosps., Inc., 133 F.3d 1104, 1107 (8th Cir.1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 510 (8th Cir.1995).

Summary judgment is warranted when there remain no genuine issues of material fact and the movant is entitled to judgment as a matter of law. Fed. R.Civ.P. 56(c). We review de novo the summary judgment record in the light most favorable to Bell to determine whether or not a reasonable person could make inferences supporting plaintiffs claims. See Benson v. Northwest Airlines, Inc., 62 F.3d 1108, 1111 (8th Cir.1995). But neither the district court’s function nor ours is to weigh evidence in the summary judgment record to determine the truth of any factual issue; we merely determine whether there is evidence creating a genuine issue for trial. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249-51, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). Because employment discrimination cases frequently turn on inferences rather than direct evidence, the court must be particularly deferential to the party opposing summary judgment. Snow v. Ridgeview Med. Ctr., 128 F.3d 1201, 1205 (8th Cir.1997).

The district court assumed without deciding that Bell had presented a prima facie case of racial discrimination and that Lipton articulated a legitimate, non-diseriminatory reason for discharge. The district court concluded that plaintiffs evidence of unlawful discriminatory intent was insufficient to prove either pretext or discriminatory motivation for firing Bell. The district court explicitly gave “great weight” to the arbitrator’s conclusion that the progressive discipline underlying Bell’s termination was warranted in the sense that the incidents occurred and were both appropriately and properly disciplined. *1102

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186 F.3d 1099, 1999 U.S. App. LEXIS 18894, 80 Fair Empl. Prac. Cas. (BNA) 971, 1999 WL 615518, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deaudra-bell-v-conopco-inc-ca8-1999.