Douglass v. Eaton Corp.

956 F.2d 1339, 34 Fed. R. Serv. 1420, 1992 U.S. App. LEXIS 2298, 58 Empl. Prac. Dec. (CCH) 41,379, 58 Fair Empl. Prac. Cas. (BNA) 315, 1992 WL 28957
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 21, 1992
DocketNo. 91-1337
StatusPublished
Cited by59 cases

This text of 956 F.2d 1339 (Douglass v. Eaton Corp.) 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
Douglass v. Eaton Corp., 956 F.2d 1339, 34 Fed. R. Serv. 1420, 1992 U.S. App. LEXIS 2298, 58 Empl. Prac. Dec. (CCH) 41,379, 58 Fair Empl. Prac. Cas. (BNA) 315, 1992 WL 28957 (6th Cir. 1992).

Opinions

KEITH, Circuit Judge.

Plaintiff-appellant Pearl H. Douglass, a Michigan citizen, (“Douglass”) appeals the judgment of the district court overturning the jury verdict in her favor and rejecting her claim of discriminatory discharge against the defendant-appellee Eaton Corporation (“Eaton”), an Ohio corporation, under the Michigan Elliott-Larsen Civil Rights Act, Mich.Comp.Laws Ann. § 37.-2101 et seq.

I.

Douglass, a black woman, was an hourly employee at Eaton’s Saginaw, Michigan manufacturing plant. Prior to her discharge, Douglass had approximately 12 years seniority. Until the incident giving rise to the present action, Douglass received no reprimands or any form of discipline. As a production worker at the plant, Douglass was represented by Local No. 433 of the Allied Industrial Workers Union (the “Union”). The collective bargaining agreement between Eaton and the Union [1341]*1341included “Shop Rules and Regulations” that prohibited, upon penalty of discharge, “assaulting another, brawling, or fighting on the premises.”

On November 21, 1985, Douglass was involved in a fight with two white co-workers, Robert and Jan McCrossen. As a result of the altercation, Douglass was fired. Neither of the McCrossens were discharged. The Union sought to have Douglass reinstated by meeting with Eaton management on several occasions, but Eaton upheld its original decision to discharge. Having exhausted her administrative remedies, Douglass brought the present action in the district court on the basis of diversity, alleging that her discharge was discriminatory.

Douglass contended at trial that tensions between herself and the McCrossens had been brewing for quite a period of time prior to the incident in November 1985. She claimed to have sought the aid of both the Union and management in an attempt to resolve the matter. She stated that a plant superintendent told her that he would do everything in his power to resolve the situation. However, tensions between Douglass and the McCrossens continued. As to the events on November 21,1985, the facts are in dispute.

Douglass claimed that at the start of work on that afternoon, Jan McCrossen turned on mist collectors on Douglass’ machine, an action which could have caused Douglass’ machine to malfunction. Douglass complained to her supervisor to no avail. During their lunch break later in the day, Douglass claimed that the McCrossens attempted to hit her with a swinging cafeteria door.

At the end of the day while exiting the plant, Douglass alleged that Jan McCros-sen shoved her, and Douglass retaliated by grabbing Jan McCrossen around her neck. Robert McCrossen intervened and hit Douglass two or three times on the back of her head/neck. Douglass’ son and nephew, who had come to pick her up from work, then jumped on Robert McCrossen. There is dispute as to whether a third person joined Douglass’ son and nephew in the altercation with Robert McCrossen. When other employees attempted to pull the young men off of Robert McCrossen, Douglass threatened to kill anyone who bothered her son.

Eaton’s Human Resources Manager, Rick Blauwiekel, was informed the next day, November 22, 1985, that there had been a physical altercation outside the plant the previous night. Blauwiekel reviewed signed statements from five employees who witnessed the incident, as well as a report by the security guard who was on duty when the incident occurred. These documents contained testimony that as employees left the plant, Douglass “grabbed” or “jumped on” Jan McCrossen and “tossed her to the ground.” Robert McCrossen went to his wife’s defense by hitting Douglass. Robert McCrossen was then attacked by young men who had come from a car parked in front of the plant. When other employees attempted to halt the attack, Douglass threatened to “kill” these employees if they touched her son. Douglass and at least one of the men who had fought with Robert McCrossen then drove away.

On the basis of this information, Blau-wiekel determined that Douglass had attacked Jan McCrossen without apparent provocation, thereby violating Eaton’s shop rule against fighting. He suspended her pending further investigation. Later, Blau-wiekel interviewed Douglass. Douglass told Blauwiekel that Jan McCrossen had switched on a machine near Douglass’ work station that cleared oil mist out of the air on the day of the fight, that the McCrossens had swung a door toward her, and that Jan McCrossen had bumped Douglass with her purse or elbow as they left the plant on the day of the altercation. She said that two other employees could confirm this information, but those employees were not able to confirm these allegations. After the interviews, Blauwiekel concluded that Douglass had, without provocation, violently attacked a fellow employee. He then terminated Douglass.

At trial, the jury was also presented with the following evidence. Several Eaton employees testified that there was a long his[1342]*1342tory of feuding between Douglass and the McCrossens. Jan McCrossen denied having any problems with Douglass, and Blau-wiekel denied knowing of any problems between Douglass and the McCrossens. The initial security report did indicate that there had been problems between them on the day of the altercation during their work shift.

Blauwiekel also testified that he was unaware of Eaton’s past practice to suspend all participants in a fight until a formal investigation occurred, and that he had no knowledge of past fights at Eaton and the resulting discipline. The Union president, Samuel Foreman, stated that it was “normal procedure” to suspend, rather than terminate, employees involved in physical altercations at Eaton. Eaton’s vice president, Richard Honig, also confirmed that the normal procedure following a fight was to suspend all participants. Nevertheless, the company consistently refused to reinstate Douglass and to impose a less severe penalty against her.

Douglass also presented evidence at trial regarding disciplinary treatment against blacks and whites who had previously engaged in fights at Eaton. She alleged that the evidence demonstrated a pattern of disparate treatment against racial minorities by Eaton. The district court admitted this evidence at trial after denying a motion in limine submitted by Eaton to exclude the evidence. The evidence included the following:

1) T.J. Robinson, who is black, was involved in a fight with Richard Tolies, who is white, in June 1974. There was conflicting evidence as to who provoked the incident. Eaton’s record showed that after the two men exchanged heated words, Robinson struck Tolies, and Tolies swung a wild blow at Robinson, but missed hitting him. Eaton then discharged both Robinson and Tolies, but later reinstated Tolies, reducing his penalty to a 30 day suspension.

2) Kenneth Carlton, a white employee of Eaton, was the only white employee who was discharged by Eaton for engaging in a physical altercation at the workplace. There was evidence that Carlton had gone home early on the date of the altercation in September 1975. He returned to the plant intoxicated and incoherent, and then attacked a plant foreman, repeatedly striking and kicking the supervisor, who did not hit Carlton in return.

3) Two white employees, William Short and Felix Matuzewski, were involved in a fight at Eaton’s plant in March 1976. Ma-tuzewski was hospitalized as a result of injuries sustained during this altercation. He was subsequently suspended for three weeks. Short was given six weeks of disciplinary layoff.

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956 F.2d 1339, 34 Fed. R. Serv. 1420, 1992 U.S. App. LEXIS 2298, 58 Empl. Prac. Dec. (CCH) 41,379, 58 Fair Empl. Prac. Cas. (BNA) 315, 1992 WL 28957, Counsel Stack Legal Research, https://law.counselstack.com/opinion/douglass-v-eaton-corp-ca6-1992.