Efrain Reynaga v. Roseburg Forest Products

847 F.3d 678, 2017 WL 370862, 2017 U.S. App. LEXIS 1395, 100 Empl. Prac. Dec. (CCH) 45,726, 129 Fair Empl. Prac. Cas. (BNA) 1571
CourtCourt of Appeals for the Ninth Circuit
DecidedJanuary 26, 2017
Docket14-35028
StatusPublished
Cited by185 cases

This text of 847 F.3d 678 (Efrain Reynaga v. Roseburg Forest Products) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Efrain Reynaga v. Roseburg Forest Products, 847 F.3d 678, 2017 WL 370862, 2017 U.S. App. LEXIS 1395, 100 Empl. Prac. Dec. (CCH) 45,726, 129 Fair Empl. Prac. Cas. (BNA) 1571 (9th Cir. 2017).

Opinions

Dissent by Judge BEA

OPINION

PREGERSON, Circuit Judge:

Appellant Efrain Reynaga and his son Richard Reynaga worked as millwrights [683]*683for Roseburg Forest Products (“Rose-burg”). According to Efrain, he and his son were the only millwrights of Mexican descent at Roseburg. Efrain alleges that during the course of his employment, he was subjected to disparate treatment and a hostile work environment because of his race or national origin.

Efrain developed a contentious relationship with lead millwright, Timothy Bra-naugh (“Branaugh”), who allegedly harassed Efrain with racially disparaging comments. In October and December 2009, Efrain lodged verbal and written complaints with Roseburg management, alleging racial harassment in the workplace. In response, Roseburg initiated an investigation into Efrain’s allegations and ultimately rearranged Branaugh’s work schedule so that he would not be on the same shift as Efrain.

On January 9, 2010, Efrain and Richard arrived at work to find Branaugh assigned to the same shift. After notifying Roseburg that they would not work in a hostile environment, Efrain and Richard immediately left the premises. A few days later, Efrain and Richard showed up to work but refused to complete their shift because Bra-naugh was also scheduled for work at the same time. A supervisor then suspended Efrain and Richard. On January 18, 2010, Roseburg terminated Efrain and Richard’s employment.

Efrain filed suit against Roseburg, alleging hostile work environment, disparate treatment, and retaliation in violation of state and federal civil rights laws. Richard was not a party to the litigation. The district court granted Roseburg’s motion for summary judgment on all counts. Efrain timely appealed. We reverse in part and affirm in part the district court’s ruling.

FACTUAL BACKGROUND

Efrain was born in Mexico and moved to the United States several decades ago at age 15. He became a United States citizen in 1981. From 2004 to 2010, Efrain worked as a millwright at Roseburg, where he performed his job well and received positive evaluations. Efrain’s son, Richard, worked at Roseburg for about two years. Efrain and Richard were the only Hispanic millwrights at Roseburg.

Efrain claims that during the course of his employment with Roseburg, he was subjected to racially disparaging statements and disparate treatment because of his race. His allegations largely pertain to lead millwright Branaugh, whom Efrain describes as a “physically very large” and “aggressive” “bully” who liked to intimidate people.

Efrain alleges that Branaugh frequently made racially derogatory comments and engaged in other, harassing conduct, including: (1) Branaugh referred to black people as “niggers” and Arabs as “rug-heads;” (2) in September 2009, after Efrain received hunting tags for the second year in a row, Branaugh said, “I’m a true believe [sic] that we should close the borders to keep motherf* * *ers like you from coming up here and killing our elk. I know one motherf* *er [sic] who drew tags back to back;” (3) in September 2009, Branaugh stated, “Minorities are taking over the country;” (4) Branaugh asked, “Efrain, are all Mexican women fat?” (5) Branaugh, aware that Efrain’s wife is Native American, referred to Native American women as “nasty fat squaws;” (6) Branaugh belittled Efrain in front of an apprentice, stating that Efrain was “a big boy” with a “little, tiny dick” who “needs all the help he can get;” and (7) on October 14, 2009, while Efrain was rebuilding an accumulator, Branaugh commented, “Boy, you’re slow,” and remarked to the other millwrights, “Man, he just dinks around.”

[684]*684Efrain also alleges several instances of disparate treatment and retaliation at Roseburg: (1) On November 12, 2008, the police brought drug-sniffing dogs to the Roseburg facility. They broke the lock to Efrain and Richard’s shared locker even though Richard was present and offered to open it. The police did not find anything nefarious inside. Roseburg did not break the lock to a white millwright’s locker even though a dog alerted to it; (2) after Efrain broke his leg on the job, he was required to work and go up and down the stairs while others with similar injuries were allowed to stay home; (3) Branaugh and four other millwrights composed one crew while Efrain and Richard alone composed a second crew, but both crews received the same amount of work; (4) Efrain and Richard were frequently assigned the harder, dirtier, and more dangerous jobs, such as cleaning the hydraulic room; (5) Efrain had to file written reports on repairs when other millwrights did not have to, and he was harassed about the length of time he took to perform repairs while others were not similarly harassed; (6) Roseburg denied Efrain a company email account, but gave them to other mill workers; (7) after Efrain filed a written complaint about the hostile work environment, work orders were no longer made available to Efrain and Richard, so they had to consult the work board to figure out what job to do; and (8) after Efrain filed a written complaint, Roseburg put 16 millwrights back to full-time work (from part-time), but did not do so for Efrain and Richard.

In October 2009, the alleged hostile work environment worsened. On October 14, 2009, after Branaugh questioned Efrain’s work ethic, they engaged in a verbal confrontation over who needed to work on a particular piece of machinery. The next day, Richard spoke with Terry Turner, Roseburg’s maintenance superintendent, about Branaugh’s harassing behavior. A few days later, Richard and Bra-naugh engaged in an altercation related to seniority and performance of a particular welding job. Roseburg investigated this altercation. Efrain cooperated in the investigation and complained to management about Branaugh. The next day, Roseburg’s managing personnel met with Branaugh to discuss Efrain and Richard’s complaints. They told Branaugh that he “can make people uncomfortable” and they “coached Branaugh on his leadership skills.”

On December 3, 2009, Efrain filed a written complaint with Roseburg, alleging harassment and discrimination by Bra-naugh. In response to the complaint, Roseburg hired Vigilant, a company that specializes in employment relations, to investigate the allegations. On December 10, 2009, Vigilant interviewed Efrain. Efrain stated that Branaugh had made racist statements, had been harassing Efrain for “a long time,” and that Efrain did not want to work with Branaugh. Subsequently, Roseburg rearranged Branaugh’s schedule so that he would not be on the same shift as Efrain.

On December 21, 2009, Vigilant contacted Efrain to conduct a follow-up interview. Efrain stated that he would only participate if he had an attorney present, but Roseburg’s policy did not allow attorneys to be involved with plant-level investigations. Efrain claims that he subsequently informed Roseburg that he was willing to be interviewed a second time without an attorney, but Roseburg never followed up.

On January 4, 2010, Branaugh left in the break room a printed email containing an article that claimed President Obama was an illegal alien and that “our borders are like sieves.” When Efrain read it, he was “very concerned about the racial hostility and harassment at work.” A few days later, on January 9, 2010, Efrain and Rich[685]*685ard arrived at work for their shift, and upon discovering that Branaugh was also on site, they immediately left the premises.

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847 F.3d 678, 2017 WL 370862, 2017 U.S. App. LEXIS 1395, 100 Empl. Prac. Dec. (CCH) 45,726, 129 Fair Empl. Prac. Cas. (BNA) 1571, Counsel Stack Legal Research, https://law.counselstack.com/opinion/efrain-reynaga-v-roseburg-forest-products-ca9-2017.