Larry v. Bagcraft Papercon I, LLC

933 F. Supp. 2d 1050, 2013 WL 1174653, 2013 U.S. Dist. LEXIS 38733
CourtDistrict Court, N.D. Illinois
DecidedMarch 20, 2013
DocketCase No. 11 C 2090
StatusPublished

This text of 933 F. Supp. 2d 1050 (Larry v. Bagcraft Papercon I, LLC) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larry v. Bagcraft Papercon I, LLC, 933 F. Supp. 2d 1050, 2013 WL 1174653, 2013 U.S. Dist. LEXIS 38733 (N.D. Ill. 2013).

Opinion

MEMORANDUM OPINION AND ORDER

GERALDINE SOAT BROWN, United States Magistrate Judge.

Plaintiff Crystal Larry (“Larry”) brought this lawsuit against her former employer Bagcraft Papercon I, LLC (“Bagcraft”) under Title VII of the Civil Rights Act (“Title VII”), 42 U.S.C. §§ 2000e et seq., alleging sexual harassment as well as retaliation for reporting the harassment and filing a charge with the Equal Employment Opportunity Commission (“EEOC”). (Compl.) [Dkt. 1.]1 The court has subject matter jurisdiction over Larry’s claim under 28 U.S.C. § 1331. The parties consented to the jurisdiction of the magistrate judge. [Dkt. 10.] Before the court is Bagcraft’s motion for summary judgment. [Dkt. 28.] For the reasons that follow, Bagcraft’s motion is granted.

BACKGROUND

Bagcraft, located in Chicago, Illinois, is engaged in the business of manufacturing paper and wax food bags for supermarkets and carry-out restaurants. (Pl.’s LR Resp. ¶ 2.)2 Larry was employed at Bag-[1052]*1052craft as a Production Associate (Machine Operator) from 1989 to 2010. (Id.) Larry worked the 7:00 a.m. to 3:00 p.m. shift at Bagcraft’s production plant, taking over her assigned machine from the previous shift worker at the beginning of each shift and turning it over the next worker at the end of the shift. (Id. ¶ 3; Def.’s LR. Ex. 2, Dep. Crystal Larry at 93-94.)

Bagcraft maintained an Equal Employment Opportunity and Non-Harassment Policy prohibiting, among other things, sexual harassment in the workplace. (Pl.’s LR Resp. ¶ 14.) The harassment policy prohibits “unwanted sexual flirtations” and “offering or implying to offer employment benefits in exchange for sexual favors.” (Id.)3 The harassment policy describes the complaint procedures and management responsibilities. (Id.) Larry received training on the harassment policy and procedures on May 12, 2010. (Id.)

A. Larry’s Interactions with Jazon Carreon

In March 2009, Larry began reporting to shift supervisor Jazon Carreon. (Pl.’s LR Resp. ¶4.) Carreon reported to the Production Manager Ed Laywell, who in turn reported to the Plant Operations Manager Patrick Lueth, the top manager at the Chicago plant. (Id.) Carreon was responsible for ensuring that daily production goals were met. (Id.) His duties included assigning employees to the machines based on Bagcraft’s production schedule, conducting employee reviews, and managing day-to-day operations. (PL’s LR Ex. 5, Dep. Patrick Lueth at 28-29.) Carreon had the authority to issue verbal disciplinary warnings to employees, but he did not have the authority to independently hire, fire, promote, demote, or discipline the employees he supervised. (PL’s LR Resp. ¶ 5.)

Larry testified that, over a six-week period in March and April 2009, Carreon hung around her machine, told her she smelled good and that he would buy her perfume, and asked her if she had ever dated a Mexican man. (Larry Dep. at 201-08.) He told her that could “make things easier” for her. (Id. at 203.) Larry reported to Laywell that Carreon was sex[1053]*1053ually harassing her and that she wanted the behavior to stop. (Id. at 210-11.) Larry admits that she did not give Laywell specific examples of the harassment. (Id. at 211.) According to Larry, Laywell told her that Carreon was new and to “give him a little time.” (Id. at 210.) Larry testified that the objectionable behavior stopped .between April 2009 through November 2009. (Id. at 211-12.) However, Larry testified, not long after she complained to Laywell, Carreon moved her out of the department she was working in and denied her overtime work. (Id. at 208, 213-14.) Larry did not file any union grievances with respect to Carreon’s actions in 2009, and did not bring any complaints to Bagcraft’s Human Resources department about sexual harassment in 2009. (Id. at 220-221.) Carreon’s behavior did not prevent Larry from doing her job. (Id. at 209.)

Larry testified that for several months, Carreon did not engage in any conduct that Larry considered offensive, but then in November 2009, Carreon again complimented her on her cologne. (Id. at 206-12.) She also testified that in March 2010, Carreon said he liked her, offered to get her the day off for her birthday and asked if he could take her out, which she refused. (Id. at 242^13.) He also said that he liked her hair, but she did not find that harassing. (Id. at 244-45.) Carreon told a coworker, Dwain Davis, that Larry was “his girl,” but Larry and the co-worker laughed. (Id. at 246-47.) Carreon also spoke Spanish around Larry even after she told him she did not understand it, and he offered to teach it to her which she does not consider harassing. (Id. at 250-51.) Carreon asked her to come in and work overtime on days that he was working, but she declined. (Id. at 252-53.) In April, he complimented her on the color of her shirt while looking at her breasts. (Id. at 253-54.) She also testified that he stared at her breasts and said, “Hmmm.” (Id. at 187.)

Larry’s co-worker, Dwain Davis, testified that he observed Carreon hanging around Larry’s machine “too often” but he does not know what Carreon and Larry were talking about. (Pl.’s LR Ex. 7, Dép. Dwain Davis at 19.) Davis heard Carreon say that he “loved the way [Larry’s] blouse looks on her,” and that she was his (Carreon’s) favorite. (Id. at 9-11.) On one occasion, Larry complained to Davis that Carreon said she was his girlfriend, and Davis heard Carreon say that Larry was his “girlfriend,” but Davis did not tell Joe Sims, the union representative, that he heard that. (Id. at 6, 11, 22.) Davis does not recall Larry saying that Carreon asked her out. (Id. at 19.) Davis observed that Larry was moved around a lot while others were not. (Id. at 7.) Initially he testified that he viewed that moving around as giving Larry “a hard time,” but later changed his mind. (Id. at 7-8.)

Larry admitted that Carreon’s actions did not interfere with her ability to continue working and carry out her job duties. (Larry Dep. at 251, 254-55.)4 Carreon never touched Larry in a sexual or harassing manner. ,(Pl.’s LR Resp. ¶ 12; Larry Dep. at 181-82.)

B. Larry’s Complaints About Carreon

Larry testified that she approached Julie Wisniewski, the Human Resources Manager, in March or April 2010 complaining that Larry had twice looked at her breasts instead of talking with her, and it made her uncomfortable. (Larry Dep. at 257.) Bagcraft asserts that the first time Larry [1054]*1054complained to Human Resources was May 25, 2010. (Def.’s LR Stmt. ¶ 15.) The parties agree that on May 25, 2010, Larry made a complaint to Wisniewski about Carreon’s behavior. (Pl.’s LR Resp. ¶ 15.) According to Wisniewski’s report, Larry complained that Carreon sexually harassed her because he stared at her chest, and on one occasion said he liked how her shirt looked on her. (Pl.’s LR Ex. 10, Wisniewski Report at B0440.) Larry further complained that Carreon sometimes spoke in Spanish and moved her from machine to machine.

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Bluebook (online)
933 F. Supp. 2d 1050, 2013 WL 1174653, 2013 U.S. Dist. LEXIS 38733, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larry-v-bagcraft-papercon-i-llc-ilnd-2013.