Joella K. Wyninger v. New Venture Gear, Inc.

361 F.3d 965, 63 Fed. R. Serv. 1307, 2004 U.S. App. LEXIS 5176, 2004 WL 541168
CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 19, 2004
Docket03-1632
StatusPublished
Cited by161 cases

This text of 361 F.3d 965 (Joella K. Wyninger v. New Venture Gear, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joella K. Wyninger v. New Venture Gear, Inc., 361 F.3d 965, 63 Fed. R. Serv. 1307, 2004 U.S. App. LEXIS 5176, 2004 WL 541168 (7th Cir. 2004).

Opinion

KANNE, Circuit Judge.

The plaintiff, Joella Wyninger, alleges multiple violations of Title VII of the Civil Rights Act of 1964, 42 U.S.C.2000e et seq. (2003), by her former employer, New Venture Gear, Inc. (“NVG”). 1 Wyninger asserts that NVG tolerated or condoned a hostile work environment based on gender, maintained unequal terms of employment, and fired her because of her sex and in retaliation for a sexual harassment complaint she made against her coworkers. The district court, after denying a motion to consider newly discovered evidence, granted summary judgment to NVG on all of Wyninger’s Title VII claims. We affirm both the decision to exclude evidence and the grant of summary judgment.

I. History

NVG, a joint venture created by General Motors Corp. and the former Chrysler Corp., produces automobile parts. Vendors supply NVG with unfinished component parts, which NVG processes and assembles into manual transmissions and drive-line components. One of NVG’s facilities is located in Muncie, Indiana. This facility employs approximately 1300 workers on three shifts.

Joella Wyninger engaged in a variety of occupations before joining NVG. She worked as a gear cutter and in the tool crib at a manufacturing concern for nearly two years. She also worked for a short period of time as a car-seat inspector at a different manufacturer. Aside from manufacturing-related jobs, Wyninger worked as a waitress, a telemarketer, and at various retail establishments. Her brief experiences in supervisory roles came as a waitress and in retail.

After interviewing for the position of production supervisor at NVG’s Muncie facility in April of 2000, Wyninger was hired under a ninety-day written contract. NVG informed her that she would be monitored during this trial period and that her employment could be made permanent if she performed well. NVG cites Wyninger’s lack of manufacturing experience as the reason for this probationary period.

At about the same time Wyninger was hired, NVG hired three other production supervisors, all males. NVG placed Bill Timbs and Scott Brand as full supervisors. NVG placed Steve Lawrence as a supervisor-in-training, an intermediate position *972 between full supervisor and a probationary contract position like that afforded to Wyninger. Timbs had over twenty years of experience in the military and nine years of supervisory experience in manufacturing. Brand had fourteen years of experience in manufacturing as a project manager. Lawrence had twenty years of experience in manufacturing and sixteen years of military experience. Wyninger was the only production supervisor who was not salaried and who lacked benefits. Her $25 per hour contractual rate of payment, however, meant that Wyninger earned roughly the same pay as her colleagues.

NVG initially assigned Wyninger as a trainee to the first shift in Department 5600, a machinery area. She “shadowed” a first-shift production supervisor, Randy Johnson, for at least three-to-four weeks to learn the job. Usually, production supervisors received this form of training for two weeks. Wyninger also received about twenty-nine hours of formal classroom training during the course of her employment with NVG. The other newly hired production supervisors received similar amounts of formal training: Brand received about twenty-eight hours, Lawrence received about seventeen hours, and Timbs received more than forty hours. The record is silent about the amount of on-the-job training provided to Brand, Lawrence, and Timbs. NVG did not formally train Wyninger to calculate overtime for her employees or to prepare inventory sheets for the next shift.

Department 5600 is divided into two sections: component preparation and an assembly line. Wyninger worked in the component preparation section, where hourly laborers perform preliminary tasks on unfinished components so that the components can be assembled into final products on the assembly line. Of particular importance to component preparation is “heat treating” the components. Production supervisors like Wyninger manage the hourly employees to ensure efficient production. Among other things, the supervisors monitor and instruct forklift drivers, known at NVG as “truckers,” so that the component materials are transported in a timely fashion to the heat-treat operation and subsequently to the assembly line.

After her initial training on first shift, Wyninger was assigned to second shift where she supervised approximately thirty employees. NVG assigned Earl Davis, an experienced supervisor, to help Wyninger with any difficulties she may have experienced during her first week on her own. She reported directly to the second-shift superintendent, Russell Wade. Bryant Al-lam, the Area Manager, was responsible for production in Department 5600 across all three shifts.

Wyninger faced obstacles to successfully maintaining the production flow on the second shift. Often the first-shift workers failed to leave the equipment and stock ready for continued production. Furthermore, the first-shift production supervisor (Johnson) did not always leave inventory lists for Wyninger to consult. Wyninger also frequently complained about inadequate trucker support. The strain of working in a fast-paced manufacturing environment was made more difficult by the vulgar language and fiery temper of the third-shift superintendent, Joe Crouch, who often talked to Wyninger at length when their time at the factory overlapped, and the similar behavior of second-shift superintendent Wade. Due to her lack of formal training in calculating overtime or preparing inventory sheets, Wyninger committed mistakes and was mocked by her supervisors. Wyninger was not paid overtime for routine paperwork she completed before or after her shift; she alleg *973 es that Johnson did receive overtime compensation.

On July 27, 2000, a production line went down in Department 5600. Wade had informed Wyninger that gears being welded on her shift had to be taken to the heat-treat operation so that the gears would be ready for assembly. Five hours into her shift, Wyninger had not yet been able to send any gears to the heat-treat operation. This resulted in the shutdown, since the assembly line had no parts to process. Wade and Allam attributed the production line shutdown to Wyninger’s failure to properly marshal her resources and personnel. Wyninger blamed the truckers and Wade for failing to help when she could not locate the truckers.

On August 1, 2000, Wyninger received a phone call from union committeeman Bob Slaven, her subordinates’ union representative. Because Slaven represented the interests of the workers on Wyninger’s shift, Wyninger often had to consult with Slaven about employee issues that arose. Slaven asked Wyninger about a job posting. When Wyninger replied that she had posted a job and was surprised Slaven had not come to look at “it,” Slaven- — apparently using the speaker feature on his telephone so other men in his office could listen to the conversation- — -responded with a sexual innuendo about the “it” to which Wyninger referred. 2 Wyninger heard several men laughing.

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Bluebook (online)
361 F.3d 965, 63 Fed. R. Serv. 1307, 2004 U.S. App. LEXIS 5176, 2004 WL 541168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joella-k-wyninger-v-new-venture-gear-inc-ca7-2004.