Hockman v. Westward Communications, LLC

407 F.3d 317, 122 F. App'x 734, 2004 WL 3266790
CourtCourt of Appeals for the Fifth Circuit
DecidedDecember 22, 2004
Docket03-41620
StatusUnpublished
Cited by39 cases

This text of 407 F.3d 317 (Hockman v. Westward Communications, LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hockman v. Westward Communications, LLC, 407 F.3d 317, 122 F. App'x 734, 2004 WL 3266790 (5th Cir. 2004).

Opinion

EDWARD C. PRADO, Circuit Judge: ***

Ladonna Hockman sued Westward Communications, LLC and Westward Communications, LP (collectively ‘West *738 ward”) asserting various claims under 42 U.S.C. § 2000e et seq. (“Title VII”). The district court granted Westward’s motion for summary judgment on all claims, and Hockman appealed. We now affirm.

I. Background

Westward owns certain newspapers in East Texas that are involved in this lawsuit: the Grand Saline Sun in Grand Saline, the Wood County Democrat in Quit-man, and the Edgewood Enterprise in Edgewood. At all times relevant to this lawsuit, Nell French was the publisher of all three papers and Hockman’s immediate supervisor. Oscar Rogers ran a commercial printing press from the back of the Grand Saline Sun office. Aggie McDonald was the composition and graphics manager. Molly Harvill was the office manager.

Hockman actually worked for Westward twice. First, she worked as the assistant editor of the Edgewood Enterprise from July 30, 1998 to June 30, 1999. The reason for Hockman’s 1999 departure is disputed: Hockman claims that she left because of a “personality clash” with the paper’s publisher at that time, Jan Adam-son; Westward claims that Hockman was involved in a theft. Regardless of the reason, Hockman was rehired in April 2001 as an editor for the Grand Saline Sun.

When Hockman rejoined the Westward team, she was provided with a copy of the employee handbook which contains the company’s antiharassment policy. The policy provides for the following in the event of a complaint:

If an employee believes that he or she is being subjected to harassment of any kind, the incident(s) must be reported promptly to his/her supervisor. If the employee feels that it would be inappropriate to report the matter to the immediate supervisor, or the matter is not satisfactorily resolved at this level, the employee should report the incident(s) directly to the Director, Human Resources at 440-746-1701.

On July 24, 2001, Hockman signed an acknowledgement form, attesting that she had received a copy of the handbook and understood its provisions.

Hockman claims that soon after she returned to Westward, Rogers began to harass her in the following ways: First, Rogers commented on the body of a former Westward employee, Sheila Ledesma. Specifically, Hockman claims that “[Rogers] would tell her that Sheila Ledesma had a nice behind and body.” Next, Hock-man claims that beginning in July of 2001, Rogers would brush up against her breasts and behind. Third, Hockman claims that on one occasion, Rogers “slapped [her] behind with a newspaper.” Fourth, Rogers once attempted to kiss Hockman. Fifth, on more than once occasion, Rogers asked Hockman to come in early so that they could be alone together. Finally, Rogers once stood in the doorway of the ladies’ restroom as Hockman was washing her hands. Rogers stepped aside, however, when Hockman exited the restroom.

On October 11, 2001, Hockman and her coworker, Harvill, told their supervisor, French, that they had been harassed by Rogers. The parties dispute what happened next. Hockman claims that she did not go to French before October of 2001 because she was embarrassed. However, Hockman discussed Rogers’s behavior with Harvill and McDonald before approaching French. Both women allegedly told Hockman that they had also been harassed by Rogers.

According to Hockman, she and Harvill told French that Rogers had touched them inappropriately, and Hockman told French that Rogers had once tried to kiss her. In *739 response, French asked Hockman how she wanted the situation handled. Hockman claims that she responded that she was not sime what French was supposed to do in this situation, that she was sure there was a formal procedure for handling such complaints, and that French should take action in compliance with that procedure. Hock-man claims that French then directed her to a sexual harassment policy which was purportedly for a previous company named Howard and Bluebonnet and was not in effect for Westward during the relevant time period. Hockman claims that to her knowledge, French never acted on her complaint; Hockman reapproached French once or twice, but French again asked Hockman what she was supposed to do about the situation.

Westward’s account of the October 11 and post-October 11 events is completely different. According to Westward, when approached by Hockman on October 11, 2001, French asked her if she wanted to lodge a formal complaint and Hockman said that she did not; she did not want to jeopardize her working relationship with Rogers. French claims that she informed Hockman that Rogers’s actions may constitute sexual harassment and that they could get fired if they did not file a formal complaint. Hockman then told French that McDonald would corroborate her allegations, but she nonetheless remained unwilling to file a formal complaint against Rogers. Rather, Hockman told French that she wanted French to talk to McDonald before taking any formal action.

French claims that she immediately investigated Hockman’s allegations. First, she contacted six other Westward employees who had worked with Rogers. Each stated that they had neither witnessed nor suffered any harassment at the hands of Rogers.

Next, on approximately October 23, 2001, French met with McDonald, who refused to support Hockman’s allegations. McDonald claimed that she had not experienced inappropriate behavior by Rogers, nor was she aware of any other Westward employee towards whom Rogers engaged in sexually inappropriate behavior.

For the next three weeks, French followed up with Hockman weekly, asking Hockman whether she was ready to file a formal complaint against Rogers. According to French, Hockman consistently refused to file a complaint. French thereafter concluded that Hockman’s allegations were meritless.

Hockman, however, asserts that she was not hesitant about filing a formal complaint against Rogers after she spoke to French on October 11. Rather, according to Hockman, French had previously told her “never to go above [French’s] head.” Hockman contends that because of French’s directive, Hockman believed that she would be fired if she reported the harassment to anyone else.

Westward claims that in the fall of 2001, the Chief Operating Officer of the Sun and the Enterprise, J. Tom Graham, began analyzing ways to manage the papers more efficiently because both papers were doing poorly financially. Because French divided her time among three different Westward papers, Graham decided to create an assistant publisher position to manage the business and editing duties of the Sun and the Enterprise. With the creation of such a position, Hockman’s editor position would become unnecessary.

Graham wanted someone with business experience to be the new assistant editor; Hockman had none. Accordingly, Graham concluded that she was not qualified for the new job.

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407 F.3d 317, 122 F. App'x 734, 2004 WL 3266790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hockman-v-westward-communications-llc-ca5-2004.