Greenlee v. J.B. Hunt Transport Services Inc.

2009 Ark. 506, 342 S.W.3d 274, 2009 Ark. LEXIS 695, 92 Empl. Prac. Dec. (CCH) 43,729, 107 Fair Empl. Prac. Cas. (BNA) 932
CourtSupreme Court of Arkansas
DecidedOctober 22, 2009
Docket07-1254
StatusPublished
Cited by37 cases

This text of 2009 Ark. 506 (Greenlee v. J.B. Hunt Transport Services Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenlee v. J.B. Hunt Transport Services Inc., 2009 Ark. 506, 342 S.W.3d 274, 2009 Ark. LEXIS 695, 92 Empl. Prac. Dec. (CCH) 43,729, 107 Fair Empl. Prac. Cas. (BNA) 932 (Ark. 2009).

Opinion

PAUL E. DANIELSON, Justice.

^Appellant Billie Jo Greenlee appeals the order of the Benton County Circuit Court granting a motion for summary judgment in favor of appellees J.B. Hunt Transport Services, Inc. and J.B. Hunt Transport, Inc. (hereinafter collectively referred to as J.B. Hunt). Greenlee’s sole point on appeal is that the circuit court erred in granting J.B. Hunt’s motion. We find no error and affirm.

The record reveals the following facts. Greenlee was hired as a maintenance assistant in the warranty department for J.B. Hunt at its home office on September 16, 2002. In January of 2008, Greenlee applied for thirty days of personal leave because of complications due to her pregnancy. J.B. Hunt granted the leave on an intermittent basis, which permitted Green-lee to take up to thirty days off in total, as needed, to deal with the | ^pregnancy complications. On March 7, 2008, she applied for additional leave under the Preliminary Family Medical Leave Act (pre-FMLA), requesting time off from work until May 5, 2007, as her doctor had prescribed her with bed rest until that date. It was determined by the group-benefits department that Greenlee did not qualify for J.B. Hunt’s pre-FMLA leave. She was then terminated because she was unable to report for work and was not eligible for pre-FMLA leave.

On June 24, 2003, Greenlee filed a complaint against J.B. Hunt, alleging that her termination was gender discrimination under the Arkansas Civil Rights Act of 1993, currently codified at Ark.Code Ann. §§ 16-123-101 to -108 (Repl.2006). J.B. Hunt filed a motion for summary judgment on March 28, 2006, asserting that the undisputed facts presented to the court established that J.B. Hunt did not terminate Greenlee because of her pregnancy, but because she had repeated problems with attendance and was not qualified for additional leave when she notified J.B. Hunt that she would not be able to report to work from March 7, 2003, until May 5, 2003. The circuit court granted the motion on July 23, 2007. It is from that order that Greenlee now appeals.

Greenlee claims that the circuit court erred in granting summary judgment because the Arkansas Civil Rights Act protected her from being discharged when she was experiencing complications due to pregnancy, she proved her pregnancy was a motivating factor in her termination, she proved that a bias existed because she was pregnant, and J.B. |¡¡Hunt's failure to allow for sick leave when she was experiencing complications from pregnancy was discriminatory. J.B. Hunt avers that the circuit court did not err by granting its summary-judgment motion because Greenlee failed to offer proof of discrimination.

Summary judgment may only be granted when there are no genuine issues of material fact to be litigated. See K.C. Props, of Nw. Arkansas, Inc. v. Lowell Inv. Partners, 373 Ark. 14, 280 S.W.3d 1 (2008). The moving party is then entitled to judgment as a matter of law. See id. Once the moving party has established a prima facie entitlement to summary judgment, the opposing party must meet proof with proof and demonstrate the existence of a material issue of fact. See id. On appellate review, this court determines if summary judgment was appropriate based on whether the evidentiary items presented by the moving party in support of the motion leave a material fact unanswered. See id. This court views the evidence in a light most favorable to the party against whom the motion was filed, resolving all doubts and inferences against the moving party. See id. Our review focuses not only on the pleadings, but also on the affidavits and other documents filed by the parties. See id. In the context of employment discrimination cases, this court has noted that an affidavit must contain “[m]ore than mere assertions or possibilities ... to defeat a motion for summary judgment.” Mack v. Sutter, 366 Ark. 1, 6, 233 S.W.3d 140, 145 (2006).

The Arkansas Civil Rights Act provides citizens of this state legal redress for civil-rights violations of state constitutional or statutory provisions, hate offenses, and ^discrimination offenses. See Flentje v. First Nat’l Bank of Wynne, 340 Ark. 563, 11 S.W.3d 531 (2000). The Act also seeks to prevent retaliatory conduct against those seeking its protection. See id. The Act unequivocally grants to qualified persons the right to be free from employment discrimination “because of gender.” Ark. Code Ann. § 16-123-107(a)(l). The definition section of the Act also makes clear that “because of gender” includes “on account of pregnancy, childbirth, or related medical conditions.” Ark.Code Ann. § 16-123-102(1). Therefore, should Greenlee prove that she was terminated on account of “pregnancy, childbirth, or related medical conditions,” she would be entitled to relief under the Act.

To date, this court has addressed only one pregnancy-gender discrimination case. See Flentje, supra. In Flentje, we looked to federal law for guidance and noted that, under federal law, a court can review a gender-discrimination case under two alternative theories — a “mixed-motive” analysis as used in Price Waterhouse v. Hopkins, 490 U.S. 228, 109 S.Ct. 1775, 104 L.Ed.2d 268 (1989), or a shifting-burdens test as applied in McDonnell Douglas Corp. v. Green, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973). See Flentje, 340 Ark. at 571, 11 S.W.3d at 537 (citing Stacks v. Sw. Bell Yellow Pages, Inc., 996 F.2d 200 (8th Cir.1993)).

Under the standard set forth in Price Waterhouse, a plaintiff must first produce direct evidence that an illegitimate criterion, such as gender, played a motivating part in the employment decision. See Cronquist v. City of Minneapolis, 237 F.3d 920 (8th Cir.2001). |sOnce the plaintiff establishes such direct evidence, the burden shifts to the employer to demonstrate by a preponderance of the evidence that the employer would have reached the same employment decision absent any discrimination. See id. If the employer fails to meet this standard, the employee prevails. See id.

Under the three-stage, burden-shifting standard set forth in McDonnell Douglas, the plaintiff bears the initial burden of establishing a prima facie case of discrimination. See Cronquist, swpra. Once a prima facie case is established, a rebuttable presumption shifts the burden to the employer to articulate a legitimate, nondiscriminatory reason for discharging the employee. See id. If the employer articulates such a reason, the presumption disappears and the plaintiff bears the burden of proving that the employer’s proffered reason is merely a pretext for discrimination. See id.

In Flentje, this court applied the McDonnell Douglas test after concluding that the “mixed-motive” analysis of Price Waterhouse was inapposite because the appellant had proffered no direct evidence of discriminatory intent. In the instant case, we also apply the McDonnell Douglas test.

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2009 Ark. 506, 342 S.W.3d 274, 2009 Ark. LEXIS 695, 92 Empl. Prac. Dec. (CCH) 43,729, 107 Fair Empl. Prac. Cas. (BNA) 932, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenlee-v-jb-hunt-transport-services-inc-ark-2009.