Equal Employment Opportunity Commission v. Central Wholesalers, Inc.

573 F.3d 167, 2009 U.S. App. LEXIS 15987, 92 Empl. Prac. Dec. (CCH) 43,619, 106 Fair Empl. Prac. Cas. (BNA) 1377
CourtCourt of Appeals for the Fourth Circuit
DecidedJuly 21, 2009
Docket08-1181, 08-2018
StatusPublished
Cited by184 cases

This text of 573 F.3d 167 (Equal Employment Opportunity Commission v. Central Wholesalers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Equal Employment Opportunity Commission v. Central Wholesalers, Inc., 573 F.3d 167, 2009 U.S. App. LEXIS 15987, 92 Empl. Prac. Dec. (CCH) 43,619, 106 Fair Empl. Prac. Cas. (BNA) 1377 (4th Cir. 2009).

Opinion

OPINION

SHEDD, Circuit Judge:

This appeal arises from a civil rights action brought by the Equal Employment Opportunity Commission on behalf of La Tonya Medley, an African-American female. The EEOC alleges that Medley’s former employer, Central Wholesalers, Inc. (“Central”), subjected her to a hostile work environment based on her gender and race and constructively discharged her. The district court granted summary judgment for Central but denied Central’s motion for attorneys’ fees. Both parties appealed. For the foregoing reasons, we reverse the district court’s grant of summary judgment, affirm its order on attorneys’ fees, and remand for further proceedings.

I

When reviewing a district court’s grant of summary judgment, we construe the facts in the light most favorable to the nonmoving party, which in this case is the EEOC. See Laber v. Harvey, 438 F.3d 404, 415 (4th Cir.2006) (en banc). Viewed in this light, the facts are as follows.

A.

Central is a maintenance supply company located in Laurel, Maryland. Central hired Medley in 2002, and she started working in the company’s Inside Sales department in September 2004, where she *170 worked until her employment ended in November 2004. Medley’s supervisor in Inside Sales was Lynette Wright, and Wright reported directly to Central’s President, Drew Denicoff. Including Wright, there were a total of eight employees in Inside Sales, and Medley was the only African-American female. She was also the only female other than Wright.

During the relevant time period, Central had a policy against discrimination, harassment, and retaliation. Under the policy’s complaint procedures, Central encouraged employees who believed they were being discriminated against or harassed to notify the offender directly or contact a supervisor or other personnel, including Central’s President. If a supervisor received a complaint, the policy required the supervisor to report it immediately to Central’s Equal Employment Opportunity Officer or Central’s President. Central’s policy also provided that all reports of discrimination or harassment would be promptly investigated and that appropriate action would be taken.

B.

Medley’s allegations of gender- and race-based discrimination and harassment cover the two-month period she worked in Inside Sales and are based primarily on the language and conduct of four co-workers: three employees in Inside Sales who worked right next to or one cubicle down from Medley (Tony Monaghan, his son Mike Monaghan, and Doug Green), and one of Central’s locksmiths who worked in Central’s lock shop (Tom DaBay). 2 As discussed in more detail below, the facts, viewed in the light most favorable to the EEOC, show that Medley’s co-workers uttered a steady stream of racial and gender epithets and engaged in inappropriate racial and gender-based conduct.

1.

Consistent with Central’s anti-harassment policy, Medley initially approached her co-workers directly and notified them that she found their conduct and language objectionable. The language and conduct Medley heard and witnessed while she worked in Inside Sales included the following. Tony referred to women as b* * *hes on a daily basis, and used the word n* * * *r “pretty much every day,” J.A. 78. Green also referred to women as b* * *hes and used the word n* * * *r. Likewise, Mike referred to women as b* * *hes on a daily basis, and used the word n* * * *r. Mike also used a pornographic screensaver on his computer which depicted partially naked women.

These three individuals ignored Medley’s initial complaints about their language and conduct. For example, Mike did not remove his pornographic screen-saver in response to Medley’s complaints and, in fact, it remained on his computer for some period of time. Her co-workers also increased their use of profanity, adding racial jokes and ethnic slurs, after she complained to them about it.

2.

Medley also complained to Wright, her supervisor, about her co-workers’ conduct and language. For instance, after Medley overheard Mike watching pornography on his computer during work, she complained to Wright about it, telling Wright that she could literally hear the sounds of people having sex coming from Mike’s cubicle, which was right next to hers. She also *171 complained to Wright about Mike’s use of the pornographic screensaver, and about her co-workers’ use of the word n* * * *r and their profanity.

At first, Wright did nothing in response to Medley’s complaints. When Wright did eventually speak with Medley’s co-workers, however, her response was not effective. Medley’s co-workers’ use of profanity just got worse, and Mike continued to watch pornography at his desk in Medley’s presence. Moreover, Mike’s pornographic screensaver did not disappear until approximately a week and half after Medley first complained to Wright about it.

Later, on September 24, 2004, someone other than Medley complained to Wright about Mike’s pornographic screensaver. In response to this complaint, Wright had Mike’s screensaver removed. Wright also spoke with Mike that day about his viewing of pornography at work. Even though Mike denied the allegation, Wright had his Internet access removed. Central also reviewed Mike’s Internet usage and it reached the conclusion that Mike had not visited any pornographic Internet sites.

However-, these actions did not completely remedy the situation. Mike got his Internet access back, and he eventually started watching pornography at his desk again, either over the Internet or otherwise. Also, Mike was upset that Central had temporarily removed his Internet access and blamed Medley. He cursed at her and called her a mother f* *ker. Tony was upset that Central removed his son Mike’s screensaver, so he cursed loudly in Medley’s presence.

After Medley told Denicoff about Tony’s cussing, Denicoff met with Tony and addressed his profanity and the inappropriateness of Mike’s screensaver. Tony promised to do his best not to curse anymore and stated that he had no problem with Mike’s screensaver being removed.

3.

On September 24, Wright approached Medley and suggested that she interview for a position in Central’s Accounts Receivable department. Medley interpreted this gesture as an attempt to force her out of Inside Sales because of her complaints. Accordingly, Medley sent an e-mail later that day to Wright and to Central’s Human Resources representative, Lisa Beall, stating that it was unfair to ask her to move to another department because of her co-workers’ inappropriate behavior. In her e-mail, Medley noted the pornographic screensaver which had been on Mike’s computer and other offensive material around the office. Beall forwarded this email to Denicoff.

Central took steps in response to Medley’s September 24 e-mail. Denicoff and Beall met with Medley that day to discuss her allegations. During this meeting, Medley told Denicoff about Mike watching pornography at his desk and about the pornographic screensaver.

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573 F.3d 167, 2009 U.S. App. LEXIS 15987, 92 Empl. Prac. Dec. (CCH) 43,619, 106 Fair Empl. Prac. Cas. (BNA) 1377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/equal-employment-opportunity-commission-v-central-wholesalers-inc-ca4-2009.