Govan v. Caterpillar, Inc.

899 F. Supp. 2d 445, 2012 WL 4472727, 2012 U.S. Dist. LEXIS 137583, 96 Empl. Prac. Dec. (CCH) 44,632
CourtDistrict Court, D. South Carolina
DecidedSeptember 26, 2012
DocketCivil Action No. 3:10-03132-MBS
StatusPublished

This text of 899 F. Supp. 2d 445 (Govan v. Caterpillar, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Govan v. Caterpillar, Inc., 899 F. Supp. 2d 445, 2012 WL 4472727, 2012 U.S. Dist. LEXIS 137583, 96 Empl. Prac. Dec. (CCH) 44,632 (D.S.C. 2012).

Opinion

ORDER AND OPINION

MARGARET B. SEYMOUR, Chief Judge.

Plaintiff Lakeisha J. Govan (“Plaintiff’) filed this action against her former employer, Caterpillar, Inc. (“Defendant”), alleging that she was subjected to discrimination and a hostile work environment because of her sex and pregnancy in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. §§ 2000e-200Óe-17, and the Pregnancy Discrimination Act of 1978 (“PDA”), 42 U.S.C. § 2000e(k). (ECF No. 1.) Plaintiff also asserts a state law claim for intentional infliction of emotional distress. (Id.) This matter is before the court on a motion for summary judgment pursuant to Fed. R.Civ.P. 56 by Defendant, which motion was filed on January 10, 2012. (ECF No. 32.) Plaintiff opposes Defendant’s motion, asserting that Defendant has failed to show that it is entitled to judgment as a matter of law on her claims. (ECF No. 36.)

In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02 D.S.C., the matter was referred to United States Magistrate Judge Paige J. Gossett for pretrial handling. On August 13, 2012, 2012 WL 4472954, the Magistrate Judge issued a Report and Recommendation in which she recommended that the court grant Defendant’s motion on all Plaintiffs claims. (ECF No. 45.) Plaintiff filed objections to the Report and Recommendation asking the court to decline accepting the Magistrate Judge’s recommendation. (ECF No. 46.) For the reasons set forth below, the court adopts, in part, the Report and Recommendation of the Magistrate Judge and GRANTS Defendant’s Fed.R.Civ.P. 56 motion for summary judgment as to Plaintiffs claims for hostile work environment and intentional infliction of emotional distress. The court DENIES Defendant’s motion for summary judgment as to Plaintiffs claim for sex and pregnancy discrimination.

I. RELEVANT FACTUAL AND PROCEDURAL BACKGROUND

The facts as viewed in the light most favorable to Plaintiff are discussed in the Report and Recommendation. The court concludes, upon its own careful review of the record, that the Magistrate Judge’s factual summation is accurate. The court adopts this summary as its own, and will only reference facts pertinent to the analysis of Plaintiffs claims.

Defendant is the world’s largest manufacturer of construction and mining equipment, diesel and natural gas engines, and industrial gas turbines. (ECF No. 32-14, p. 1.) Defendant operates a hydraulic parts assembly plant in Sumter, South Carolina (the “Sumter facility”). (ECF No. 32-2, pp. 8-9.) In July 2004, Defendant hired Plaintiff to work at the Sumter facility. (ECF No. 32-2, p. 13.) Plaintiff mainly worked for Defendant as a “kitter,” which position required Plaintiff to act as a runner and sorter, perform preliminary assembly, and supply parts for piston heads and rods to rod builders.1 (ECF No. 32-2, [449]*449pp. 8-10.) Plaintiff usually worked second shift at the Sumter facility, where she was primarily supervised by David Johnson (“Johnson”). (ECF No. 32-3, pp. 9-10.)

During her employment with Defendant, Plaintiff became pregnant on three separate occasions, which maternity resulted in childbirth on July 19, 2006, October 23, 2007, and May 28, 2009. (Id. at pp. 13-14.) On December 28, 2005, during Plaintiffs first pregnancy, Plaintiffs physician stated that Plaintiff “needs to be able to sit down when needed due to abdominal pain and left leg pain with pregnancy.” (ECF No. 32-14, p. 5.) In an attempt to reasonably accommodate Plaintiff in accordance with her doctor’s instructions, Defendant transferred Plaintiff to a first shift job in the shipping and receiving area (the “Logistics Department”) and placed her under the supervision of Tim Faulling (“Faulling”). (Id. at pp. 15-16.) After delivering her first baby on July 19, 2006, Plaintiff returned to her duties as a kitter on September 11, 2006. (ECF No. 32-14, p. 9.)

During Plaintiffs second pregnancy, Defendant again moved Plaintiff to the Logistics Department on the first shift. (ECF No. 32-2, p. 17.) On the first day that Plaintiff rejoined the Logistics Department, Ed Johns (“Johns”), the first shift supervisor, met with employees in the department to notify them that Plaintiff would be joining the group. (ECF No. 32-11, pp. 7-8.) Johns told the individuals at this meeting that Plaintiff was pregnant again and “it will continue to be that way until she figured out that it was not coming from the water.” (ECF No. 36-1, p. 12.) In response to Johns’ statement, a co-worker approached Johns and said that another employee in the Logistics Department had found his comments offensive. (ECF No. 32-11, pp. 9-10.)

After delivering her second baby on October 23, 2007, Plaintiff returned to work as a kitter under Johnson on December 19, 2007. (ECF Nos. 32-3, pp. 9-10; 32-14, p. 16.) In late 2008, Plaintiff learned that she was pregnant again. (ECF No. 32-3, p. 12.) Thereafter, Plaintiff had a conversation with Virginia Dority (“Dority”), the supervisor of the Human Resources Department at the Sumter facility, who suggested that Plaintiff see the Sumter facility’s in-house nurse, Lisa Osborne (“Osborne”). (ECF No. 32-2, pp. 5-6.) During her conversation with Plaintiff, Osborne learned that Plaintiff did not want to have any more children. (Id. at p. 18.) In response to this information, Osborne said that she could help Plaintiff get rid of the child without her husband finding out about it. (Id.) Osborne further implied that Plaintiff could lose her job due to her pregnancy because Defendant did not like employees missing work. (Id. at pp. 18-19.)

As news of Plaintiffs pregnancy spread to her co-workers, Johnson began to make comments to Plaintiff about her repeated pregnancies. Johnson stated on one occasion that all Plaintiff knew how to do was have babies. (ECF No. 32-3, p. 8.) Johnson further stated to Plaintiff that her stomach was big and she should stay on the plant floor so visitors to the Sumter facility could not see her. (ECF No. 32-2, p. 20.) Johnson also told Plaintiff that his mother had seventeen kids and if Plaintiff kept it up, she would catch up with his mom. (Id. at p. 22.) Finally, Johnson stated to Plaintiff on a few occasions that she wobbled when she walked and he repeatedly called Plaintiff “Prego.” (ECF Nos. 32-2, p. 25; 32-3, p. 1.)

[450]*450Following Johnson’s example, other coworkers commented to Plaintiff about her pregnancy. Lisa Mims and Herb McCatherer called Plaintiff “Fertile Myrtle” on several occasions. (ECF No. 36-1, pp. 25-26.) McCatherer also stated on one occasion that all Plaintiff knew how to do was have babies. (Id. at p. 28.) David Garcia, another co-worker of Plaintiff, commented to Plaintiff on two or three occasions that her baby was “not my baby.” (Id. at p. 27.) Finally, Faulling asked Plaintiff on a daily basis whether she was going to have her tubes tied. (ECF No. 32-3, pp. 8-9.)

In January 2009, Plaintiff was selected for a position on a new production line at the Sumter facility that made smaller hydraulic parts.

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899 F. Supp. 2d 445, 2012 WL 4472727, 2012 U.S. Dist. LEXIS 137583, 96 Empl. Prac. Dec. (CCH) 44,632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/govan-v-caterpillar-inc-scd-2012.