Krull v. CenturyTel, Inc.

829 F. Supp. 2d 474, 2011 U.S. Dist. LEXIS 126769, 94 Empl. Prac. Dec. (CCH) 44,326, 2011 WL 5276559
CourtDistrict Court, W.D. Louisiana
DecidedNovember 2, 2011
DocketCivil Action No. 10-CV-1807
StatusPublished

This text of 829 F. Supp. 2d 474 (Krull v. CenturyTel, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Krull v. CenturyTel, Inc., 829 F. Supp. 2d 474, 2011 U.S. Dist. LEXIS 126769, 94 Empl. Prac. Dec. (CCH) 44,326, 2011 WL 5276559 (W.D. La. 2011).

Opinion

RULING

ROBERT G. JAMES, District Judge.

Pending before the Court is Defendant CenturyTel, Inc.’s (“CenturyTel”) Motion for Summary Judgment. [Doc. No. 23]. Plaintiff Tara Krull (“Krull”) filed a Memorandum in Opposition to CenturyTel’s Motion for Summary Judgment. [Doc. No. 27],

For the following reasons, CenturyTel’s motion is GRANTED IN PART and DENIED IN PART.

I. BACKGROUND

This case concerns Krull’s allegations that CenturyTel discriminated against her based on her gender and pregnancy.

Krull began working with CenturyTel on September 2, 2008. During her tenure with CenturyTel, Krull held two managerial positions in marketing.

On March 9, 2009, Krull gave birth to a daughter. She began her maternity leave on that day and remained on leave through May 13, 2009. During this same period, CenturyTel’s parent corporation was in the process of merging with Embarq Corporation, and Krull’s working group underwent a selection process for positions in the new company. When Krull returned from her maternity leave, she learned of the hiring decisions.

During her leave, Krull’s supervisors reassigned Krull’s former job to the regional offices and placed Krull in a new marketing position. In her new position, Krull remained in roughly the same place within the corporate hierarchy and received the same compensation.1 Krull, however, alleges that the new position did not include any clear responsibilities or goals. While her prior position focused on developing marketing plans, Krull’s new job required her to merely “execute and do creative and do flyers and door hangers.” [Doc. No. 23-4, p. 19].

Although many of the new positions were filled before Krull returned from maternity leave, Krull sought placement in the remaining positions. Krull states that in July 2009, she approached Pat Glavin, one of her supervisors, about an opening in the position immediately above her. Glavin initially responded by complimenting her, but he refused to consider her for the position, stating “You don’t get people like you down in Monroe, Louisiana, who have as much telecom experience and advertising agency experience that you do with a Master’s degree from Northwestern University. ... But you’ve got a lot of personal distractions right now; you have a new baby at home, and I don’t think you have the fire in you to be one of my leaders.” [Doc. No. 23-4, p. 46].

Instead of Krull, Glavin hired Spencer Lange (“Lange”) in September 2009, a father whose wife was expecting twins. Krull alleges that Lange was substantially less qualified than her for the position. When Krull confronted Glavin about Lange’s lesser qualifications for the position, Glavin allegedly reiterated that she did not “have the fire to get this done right now ... and you’ve got a lot going on personally.” [Doc. No. 106].

[477]*477In a separate conversation about the position, Krull told Glavin that he “can’t hold it against me, the fact that I have a small child at home.” Glavin allegedly reiterated his prior statements about Krull having “a lot going on” and further stated that “you’re going to need to leave the office from time to time to go for your four-month baby check and your six-month baby check; but besides that, we’re here to get a job done and I need you to be here.” [Doc. No. 23 — 4, pp. 54-55]. Later, in October or November 2009, Glavin allegedly said, “I need young kids around here; I don’t think [a certain job candidate] can handle it; this place is a heart attack; I don’t think she can handle this.... [I] need people who are young, right out of college, who are available night and day.... I’ve got three ladies sitting in this room with very young babies at home who I can’t rely on to be at the office when I need them to be; so I need kids in here that don’t have personal responsibilities at home who can get the job done. [Doc. No. 28, p. 6]. Glavin also allegedly told Krull that she should not attend a meeting in Houston and that she should babysit the junior office staff instead. [Doc. No, 28, p. 6].

In addition to Glavin’s alleged statements, Krull alleges that a male co-worker repeatedly made statements to the effect that the women in the office needed to leave work at 5 P.M. to pick up their children from daycare.

According to Krull, she became a “receptacle of jobs no one else wanted” and became overloaded with assignments. [Doc. No. 27, 4]. Rather than addressing Krull’s concerns or providing her with guidance, Krull alleges that her new supervisor, Lange, placed her on a Performance Improvement Plan. This Plan is a document that details Krull’s shortcomings and offers guidelines for improvement. Krull alleges that the PIP’s goals for her positions were unattainable, and the Plan was designed to force her resignation. In its closing line, the Plan notes that failure to meet its requirements may result in termination.

Krull resigned from CenturyTel on July 6, 2010. She started working for Sears in Illinois on July 26, 2010. In her deposition, Krull explains that she was interviewing for jobs in Illinois during her tenure at CenturyTel because her husband was having difficulty finding employment in Monroe. Although she received a job offer from Sears just prior to resigning at CenturyTel, Krull states that she did not decide to accept the job offer until she resigned from CenturyTel. Her new position pays more than her prior job at CenturyTel, and Krull states that she enjoys the work.

II. STANDARD OF REVIEW

Under Federal Rule of Civil Procedure 56, “[t]he court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). The moving party bears the initial burden of informing the court of the basis for its motion by identifying portions of the record which highlight the absence of genuine issues of material fact. Topalian v. Ehrman, 954 F.2d 1125, 1132 (5th Cir.1992). A fact is “material” if proof of its existence or nonexistence would affect the outcome of the lawsuit under applicable law in the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A dispute about a material fact is “genuine” if the evidence is such that a reasonable fact finder could render a verdict for the nonmoving party. Id.

[478]*478If the moving party can meet the initial burden, the burden then shifts to the non-moving party to establish the existence of a genuine issue of material fact for trial. Norman v. Apache Corp., 19 F.3d 1017, 1023 (5th Cir.1994). The nonmoving party must show more than “some metaphysical doubt as to the material facts.” Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). In evaluating the evidence tendered by the parties, the Court must accept the evidence of the nonmovant as credible and draw all justifiable inferences in its favor. Anderson,

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829 F. Supp. 2d 474, 2011 U.S. Dist. LEXIS 126769, 94 Empl. Prac. Dec. (CCH) 44,326, 2011 WL 5276559, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krull-v-centurytel-inc-lawd-2011.