Freddy Green v. Elixir Industries, Inc.

407 F.3d 1163, 2005 U.S. App. LEXIS 7443, 86 Empl. Prac. Dec. (CCH) 41,948, 95 Fair Empl. Prac. Cas. (BNA) 1151, 2005 WL 994827
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 29, 2005
Docket04-12973
StatusPublished
Cited by5 cases

This text of 407 F.3d 1163 (Freddy Green v. Elixir Industries, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Freddy Green v. Elixir Industries, Inc., 407 F.3d 1163, 2005 U.S. App. LEXIS 7443, 86 Empl. Prac. Dec. (CCH) 41,948, 95 Fair Empl. Prac. Cas. (BNA) 1151, 2005 WL 994827 (11th Cir. 2005).

Opinions

FARRIS, Circuit Judge:

In this appeal we decide whether a claim for hostile work environment discrimination was adequately stated to the EEOC and met the summary judgment standard. It was, and it did. We therefore reverse and remand for further proceedings.

BACKGROUND

Plaintiff Freddy Green is a black male who was employed by Defendant Elixir Industries, Inc. in 1995 in its second shift paint line at Elixir’s Georgia Extrusion Division in Douglas, Georgia. Elixir produces extruded and manufactured aluminum parts for manufactured housing and recreational vehicle industry supplies. Elixir’s employees work on two shifts of varying hours. Green’s primary duties when he was first hired were to hang metal that was to be painted. After 90 days, Green was transferred at his request to the second shift fabrication department. His duties then included operating a miter saw, running presses and drills, and ensuring the proper preparation of dyes. On August 7, 2000, Green was transferred to the first shift fabrication department as part of a reduction in force which terminated almost all second shift employees.

In each job classification (including the paint department and fabrication department) an employee would receive pay raises at three-month, nine-month, and one-year intervals. After one year, an employee was only eligible for merit-based pay raises, based on a supervisor’s recommendation, on the anniversary of the start of employment.

Though a person in Green’s position normally reached the top wage for his classification after one year of employment, Green did not. He complained to his supervisor, Stanley Wilcox, a black male, that he was receiving only $8.37 per hour, while white and Hispanic employees were receiving $9.01 per hour. Wilcox did not respond to the complaint but after Green complained to a white supervisor his wage was increased to $9.01. Green never received any merit increases thereafter.

Green alleges that, throughout his employment at Elixir, he was subjected to repeated and intense acts of racially motivated harassment. At some time in 1998, a hangman’s noose was hung on equipment in the fabrication department and remained there for approximately a week. On April 19, 2000, Clay Hutchinson, a white employee, made a noose and displayed it, allegedly in an attempt to intimi[1165]*1165date Wilcox. Hutchinson was allegedly angry because Wilcox was involved romantically in an interracial relationship with a woman in whom Hutchinson was interested. Several Elixir employees expressed disdain for interracial relationships, and Charles Hutchinson, Clay’s brother, is alleged to have told Green that race mixing is “against the Bible.” Green’s common law spouse is white.

On May 26, 2000, Green alleges that a third noose appeared. This noose was made by Jack Dixon, a white employee and the nephew of the production manager at Elixir, Jacel Butler. Mr. Dixon allegedly made the noose because he was upset at the possibility that the Confederate battle emblem would be removed from the Georgia state flag. Green observed Dixon make the noose and heard him say, “How would y’all like it if we sent all of y’all back to Africa?” and “If y’all take the flag down, all of y’all need to be sent back to Africa.” Green complained about this incident to Wilcox, who stated that he could do nothing about it.

On another occasion, Green observed a number of white employees looking at a computer screen that displayed a Ku Klux Klan website and overheard these employees discussing that a number of Elixir employees were members of various chapters of the KKK. Green complained about this incident to Wilcox and to Steve Parks, a white management level employee, who stated that he would look into the matter. According to Green, nothing occurred thereafter.

At a meeting of second shift workers (almost all of whom were black), production manager Jacel Butler is alleged to have stated, “I can take a monkey and give him a banana to push a button,” and “If y’all don’t want to work, I can go to Cozy Corner and get drunks to replace you.” Green testified that Cozy Corner is a local black club. After this meeting, a sign was placed in an office window visible to all employees that stated, “Please don’t feed the monkeys.”

According to the testimony of Dwight Dennis, a former black employee at Elixir who also filed a lawsuit against Elixir for hostile work environment race discrimination at roughly the same time as this action, production manager Butler issued a rule that no family members would be allowed inside the plant. Dennis testified that the rule was not enforced in the first shift, which was composed of mostly white employees. On the second shift, however, the rule was rigorously enforced.

There is also evidence that at several points in his employment, Green was disciplined for attendance policy violations. On three occasions, he was suspended for three days without pay for failing to report for work.

During the week of Christmas, Elixir often closed the plant and operated with only a skeleton crew. Employees were given the choice to work with the skeleton crew if they wished. In 2000, the plant closed from December 26-29, and Green did not work on those days. During that time, Green and his wife were shopping in a local store and were seen by production manager Butler. Green testified that when Butler saw him and his wife together, Butler took “his buggy and push[ed] [it] back down the aisle and [stood] there and stare[d] at us, just looking out like he was losing his mind.”

On January 2, 2001, Green returned to work. After working for six hours, he was approached by Butler, who told him that he was fired. Butler’s reason was that Green had volunteered to work from December 26-28 with the skeleton crew and had failed to call in to state that he would not come. Green contends that his name [1166]*1166was not posted to work on those days, that he never volunteered, and that no one let him know that he was expected to work on those days.

On March 28, 2001, Green filed pro se a charge of discrimination with the EEOC. Green checked the box stating that the discrimination alleged was racial. In the box where Green was required to state the dates of the discrimination, Green wrote “January 2, 2001” as the “earliest” and “latest” dates. In the factual particulars section, Green stated:

I. I was employed from March 7, 1995 until my discharge January 2, 2001. I was terminated for violation of the attendance policy, but I have no written warnings for attendance. White males that have written warnings and have committed further violations were not terminated.
II. Management stated I was discharged because of violation of the attendance policy.
III. I believe that I have been discriminated against because of my race (black) in violation of Title VII of the Civil Rights Act of 1964, as amended.

The EEOC investigated Green’s charges and concluded that Green was not terminated because of his race. It issued Green a right to sue notice. Green subsequently filed this action.

Green brought claims for violation of his rights pursuant to 42 U.S.C. § 2000e (Title VII) and 42 U.S.C. § 1981

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Freddy Green v. Elixir Industries, Inc.
407 F.3d 1163 (Eleventh Circuit, 2005)

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407 F.3d 1163, 2005 U.S. App. LEXIS 7443, 86 Empl. Prac. Dec. (CCH) 41,948, 95 Fair Empl. Prac. Cas. (BNA) 1151, 2005 WL 994827, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freddy-green-v-elixir-industries-inc-ca11-2005.