Hammock v. Nexcel Synthetics, Inc.

201 F. Supp. 2d 1180, 2002 U.S. Dist. LEXIS 8764, 2002 WL 1009233
CourtDistrict Court, N.D. Alabama
DecidedMay 13, 2002
DocketCV 01-BU-1389-M
StatusPublished
Cited by1 cases

This text of 201 F. Supp. 2d 1180 (Hammock v. Nexcel Synthetics, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hammock v. Nexcel Synthetics, Inc., 201 F. Supp. 2d 1180, 2002 U.S. Dist. LEXIS 8764, 2002 WL 1009233 (N.D. Ala. 2002).

Opinion

MEMORANDUM OPINION

BUTTRAM, District Judge.

This case is presently before the Court on Defendant’s motion for summary judgment. Doc. 16. Plaintiff Lisa Hammock claims that Defendant Nexcel Synthetics, Inc., her former employer, discriminated and/or retaliated against her with regard to pay, demotion, termination, and “terms and conditions” of her employment in violation of Title VII and the Equal Pay Act. Based on the Court’s review of the record and for the reasons set forth below, Defendants’ motion for summary judgment.(Doc. 16) is due to be granted in part and denied in part.

I. SUMMARY JUDGMENT STANDARD

On a motion for summary judgment, the Court assesses all of the proof the parties can bring to bear in order to ascertain whether a genuine need for trial is present. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 1356, 89 L.Ed.2d 538 (1986). Summary judgment is weighed heavily in favor of the non-moving party; it is appropriate only if the Court concludes that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 2511, 91 L.Ed.2d 202 (1986); Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 2552, 91 L.Ed.2d 265 (1986).

A party seeking summary judgment has the initial responsibility of informing the Court of the grounds for its motion and specifically identifying those portions of the pleadings, depositions, answers to interrogatories, admissions on file, and any affidavits that it believes demonstrate the absence of a genuine issue of material fact. Celotex, 477 U.S. at 323, 106 S.Ct. at 2553; see also Clark v. Coats & Clark, Inc., 929 F.2d 604, 608 (11th Cir.1991). As to issues that the nonmoving party has the burden of proof at trial, the moving party may discharge its initial burden by either presenting affirmative evidence negating an element of the nonmoving party’s claim or demonstrating an absence of evidence to support the nonmoving party’s claim. U.S. v. Four Parcels of Real Property, 941 F.2d 1428, 1437-38 (11th Cir.1991). However, when the moving party has the burden of proof at trial, it must show “affirmatively the absence of a genuine issue of material fact;” that is, “the moving party must show that, on all the essential elements of its case on which it bears the burden of proof at trial, no reasonable jury could find for the nonmoving party.” Id. at 1438-39 (internal quotations and citations omitted).

*1183 Once the moving party has satisfied its initial burden, the nonmoving party “must make a sufficient showing to establish the existence of each essential element to that party’s case, and on which that party will bear the burden of proof at trial.” Howard v. BP Oil Company, 32 F.3d 520, 523 (11th Cir.1994). In resolving whether a given factual dispute requires submission to a jury, a district court must view the record in the light most favorable to the nonmoving party and resolve all reasonable inferences in the nonmovant’s favor. Rooney v. Watson, 101 F.3d 1378, 1380 (11th Cir.1996) (citing Hale v. Tallapoosa Co., 50 F.3d 1579, 1581 (11th Cir.1995)).

II. STATEMENT OF FACTS

Plaintiff Lisa Hammock began working for Fibre South as a quality control operator in 1990. After approximately three or four months of working as an operator, Hammock was promoted to supervisor over the Quality Control Department. As a supervisor for Fibre South, Plaintiff had supervised five employees and had been responsible for customer service, product quality, production accountability, and process control. She held the supervisory position at Fibre South for approximately four years. She left Fibre South in 1994 to start her own commercial and residential cleaning business. She returned to Fibre South in 1996 as a Quality Control operator; she held this position when Defendant Nexcel purchased Fibre South. Hammock’s initial pay with Defendant was $9.00 per hour.

Defendant manufactures thin fibers of yarn from polypropylene pellets using extrusion machines, which melt the pellets into a sheet, which is cut into individual strands. These strands are rolled onto a spool for weaving in the beaming area and the spooled strands are woven into fabric for such things as carpet backing.

In approximately June 1998, Defendant promoted Plaintiff to supervisor on the night shift. Prior to this promotion, Defendant had given Plaintiff a written warning regarding her attendance. When Hammock became a supervisor on the night shift, her pay increased from $9.25 per hour to $27,040 per year. At the same time that Hammock became a supervisor on the night shift, Defendant also made Jeff Wilbanks a supervisor on the night shift. Defendant raised Wilbanks’s pay from $13.50 per hour to $33,280 per year. Wilbanks and Plaintiff have the same job responsibilities. The record indicates that the salaries of Plaintiff and Wilbanks as supervisors were established by taking their average hourly pay for a week and adding “10 percent or so.” Doc. 18, Exh. 3, p. 67.

Wilbanks had more experience than Plaintiff; he had ten years experience at Synthetic Industries — five years extrusion experience and five years weaving experience. Plaintiff had no prior weaving experience.

Wilbanks was removed from the supervisory position to an hourly position. Red-dy testified that Wilbanks spent most of his time repairing and starting the looms and he did not have “the best people skills.” Id., Exh. 2, pp. 40-41. When Wilbanks returned to an hourly position, Defendant did not reduce his rate of pay.

Prior to becoming a supervisor, Plaintiff interviewed with Gaines Nichols, then the plant manager, and Brad Cescutti, the project manager. During this interview, Ces-cutti and Gaines told Plaintiff that they were impressed with her knowledge of the machines and her ambition. Also, before Defendant promoted her, Plaintiff had met with Rom Reddy, Defendant’s Chief Executive Officer.

As a supervisor, Plaintiffs job responsibilities included supervising extrusion, *1184 weaving, spinning, and carding. In part, this entailed ensuring that employees were there to do their job and that they had what they needed to do their job. As a shift supervisor, Hammock was responsible for all aspects of production.

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201 F. Supp. 2d 1180, 2002 U.S. Dist. LEXIS 8764, 2002 WL 1009233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hammock-v-nexcel-synthetics-inc-alnd-2002.