Kathleen Wierengo v. Akal Security, Inc.

580 F. App'x 364
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 10, 2014
Docket13-1890
StatusUnpublished
Cited by21 cases

This text of 580 F. App'x 364 (Kathleen Wierengo v. Akal Security, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kathleen Wierengo v. Akal Security, Inc., 580 F. App'x 364 (6th Cir. 2014).

Opinion

JULIA SMITH GIBBONS, Circuit Judge.

Kathleen Wierengo formerly worked as a court security officer for Akal Security, Inc. After Akal fired her, Wierengo sued under Title VII alleging that Akal discriminated against her on the basis of sex, subjected her to a hostile work environment, and retaliated against her after she filed an internal grievance and EEOC complaint. The district court granted Akal’s motion for summary judgment. We affirm.

I.

Akal is a private security company that frequently contracts with the U.S. Marshals Service. As part of one such contract, Akal provides security at the federal building and courthouse in Grand Rapids, Michigan.

In 2002, Akal hired Wierengo as a court security officer (CSO) at the Grand Rapids courthouse. Before coming to Akal, Wier-engo worked as a police officer for the City of Grand Rapids for twelve years. She also worked in various capacities at a variety of other businesses, including owning a rental and insurance business, managing an asphalt paving company, owning a cleaning business, and running a Chinese food take-out business.

Wierengo remained in the position of CSO throughout her time with Akal. She says that Akal refused to promote her nine times because she was a woman. Akal responds that Wierengo either never applied for the promotions or was insufficiently qualified for the positions. In 2005, Akal assigned Wierengo to the courthouse’s security control room. There, Wierengo worked under site supervisor Robert Czarnecki and lead security officer Jerry Blumenstein. She also worked with Ted Quist, a fellow CSO. Most of Wieren-go’s lawsuit concerns various actions taken by these Akal employees.

Throughout Wierengo’s time in the control room, Blumenstein made unwelcome comments. For example, Blumenstein complained if coffee was not ready in the morning, and he repeatedly told Wierengo that making coffee was her responsibility. And he once said to her, “Since you don’t have anything to do, you need to dust the office.” He also told her that her car was “ratty,” that her hair was “ratty” and “looked like hell,” and that one of her purses “looked like hell.”

In April 2006, Czarnecki placed a copy of a 1955 HouseKeeping Monthly article in Wierengo’s drawer and posted it on the board in the CSO break room. The article was titled “The Good Wife’s Guide” and offered the following advice:

• Be happy to see [your husband].
• Listen to him.... Let him talk first— remember, his topics of conversation are more important than yours.
• Arrange his pillow and offer to take off his shoes. Speak in a low, soothing and pleasant voice.
• Don’t ask him questions about his actions or question his judgment or integrity. Remember, he is the master of the house and as such will always exercise his will with fairness and truthfulness. You have no right to question him.

Czarnecki highlighted the article’s final point — “A good wife always knows her place.” Wierengo testified that Czarnecki and Blumenstein would often repeat similar sentiments to her.

Seven months later, Quist made an unwelcome physical advance. According to Wierengo:

*367 [O]ut of nowhere [Quist] pinned my body up against the drawer with his body. I was unable to move forward or backward because I was pinned so tight. [Quist] then tried to kiss me on the mouth so I turned my face ... into the drawers so he started to kiss me on my left cheek. While he was kissing my cheek I was trying to pry my body out, but was unable to because I was pinned down so tight.... After [Quist] finished kissing on me he stepped back and stated “it’s only a birthday kiss.”

Wierengo submitted her first grievance on December 19, 2006. In it, she stated that she was submitting a grievance because she was “past [sic] over for three (3) supervisor positions for which I am qualified. I need to know why I did not receive any of these positions.” She did not mention or allege sexual harassment. Wieren-go first complained to a manager about the alleged sexual harassment on February 22, 2007. Her letter did not identify the alleged harassers or specify the nature of the harassment. It referred to her December 2006 grievance, stated for the first time that the “grievance involves both Job Discrimination and Sexual Harassment,” and stated that she had not received a response. The record reflects that Akal tried to talk to Wierengo at least two times about her grievance, but Wierengo refused to talk with the company. Instead, Wier-engo filed an EEOC sexual-harassment charge on March 12, 2007. The charge did not identify the alleged harassers or Quist’s physical attack. It stated that she had been subjected to sexual harassment in “the form of being told to make coffee, that the, place needed dusting, that a woman’s place is to make her man’s meals and clean and comments made about my purse, to name a few.” She also stated that she had applied for numerous promotions but less-qualified males were promoted instead. (Id.) Akal received a copy of the charge on April 2, 2007.

Wierengo did not tell anyone about Quist’s advance until March 30, 2007— almost five months after the fact. The day after it heard about Wierengo’s allegations, Akal transferred Quist to another building and told him not to contact Wier-engo. Three weeks later, Akal interviewed Wierengo about the advance. In this interview, Wierengo told Akal that Quist still parked in the same parking lot as she did. Wierengo reported that one time Quist had stared at her in the parking lot and had tried to block her path as she was exiting. Akal immediately told Quist to park in a different garage.

After hearing that Wierengo was crying at work while carrying a loaded gun, Akal placed her on a paid leave of absence while her complaints were being investigated. Akal then sent an investigator to conduct additional interviews. The investigator interviewed over twenty people. Quist “continued to stress his innocence” and told the investigator that he had merely given Wierengo a “platonic hug on her birthday.” The investigator concluded that Wieren-go’s -sexual assault and sexual harassment claims were unsubstantiated.

On June 1, 2007, Akal told Wierengo she could return to work. Akal reassured Wierengo that even though it could not substantiate her allegations, it had made Quist’s transfer permanent, barred him from using the parking lot, and required him to review its anti-harassment policy. Akal also conducted a mandatory harassment-prevention training session with all the CSOs.

According to Wierengo, “the daily environment was intolerable” when she returned to work. Two months later, Wier-engo wrote Akal about “a progression of deteriorating professional conduct by fellow employees.” Wierengo noted that sev *368 eral employees were “shunning” her and that she suspected it was in retaliation for her grievance petition. Akal asked for more information. In response Wierengo listed several times when coworkers and supervisors left rooms immediately after she entered them or left rooms after finding her in them. After receiving this letter, Akal did not continue its investigation.

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