Laughlin v. City of Cleveland

102 F. Supp. 3d 944, 2015 U.S. Dist. LEXIS 45284, 2015 WL 1538892
District Court, N.D. Ohio·Decided April 7, 2015·No. Case No. 1:14-CV-01772·Published·Cited by 3 cases

Opinion

OPINION & ORDER

JAMES S. GWIN, District Judge:

Plaintiff Reginald Laughlin alleges that Defendant City of Cleveland, his former employer, illegally fired him in retaliation for complaining about racially and sexually harassing comments made by his foreman, Defendant Dominic Santora. Defendants now move for summary judgment.1. Defendants argue that .Santora’s comments do not constitute discriminatory harassment, and thus Laughlin fails to state a claim for illegal retaliation because any complaints Laughlin made would not have been about an unlawful employment practice. In- the alternative, Defendants say that even if Santora’s comments rose to the level of harassment, the firing was justified by Laughliris bad performance reviews.

For the reasons below, the Court GRANTS Defendants’ motion for summary judgment.

I. Background

Defendant City of Cleveland hired Plaintiff Laughlin, an African American, in October 2012 as a sewer service worker with the City’s Department of Public Utilities.2 In this position, Laughlin was part of crews that would repair sewer lines. As a new employee, he was subject to a 180-day probationary period.3 During this time, he was to be given a written performance review every 30 days.4 The City had the power to fire Laughlin during the probationary period if his performance reviews were unsatisfactory.5

In the slightly more than three months Laughlin worked for the City, he worked on three different work crews run by three different foremen.6 Laughliris complaints in this action relate to his time spent on the second of these crews,- which had as its foreman Defendant Dominic Santora. ,

Laughlin alleges that Santora “regularly” made comments about young black women the crew saw while working.7 San[947]*947tora’s comments were not overtly racial, instead they were sexist, 'such as “look at the ass on that bitch,” and “look at the titties on that bitch.”8 But Laughlin also says that Santora only made these comments about black women;, he says Santora did not make these inappropriate comments about white women.9 As a result, Laughlin found the comments to be racially offensive.

Santora admits that he would “point out” or comment on “nice-looking lad[ies] walking down.the street,” but denies singling out black women.10 Santora did not make racist or sexist comments about City employees. And Santora never made any inappropriate personal racial comments to Laughlin.11

Plaintiff Laughlin says he twice spoke to Santora about these comments and asked him to stop.12 Laughlin also complained to Maintenance Supervisor Michael Smith, Santora’s supervisor.13 Smith first advised Laughlin to talk to Santora about the problem.14 When this , did not .satisfy Laughlin, Smith directed Laughlin to Sewer Maintenance Superintendent Daniel Tomko so that Laughlin could file a written report.15

On December 27, 2012, Laughlin spoke to Superintendent Tomko. Tomko gave Laughlin an incident complaint report form to fill out. Laughlin completed the form,16 but on the advice of his union representative decided not to file any written complaint until he had completed his 180-day probationary period.17 Superintendent Tqmko has consistently denied that he knew the exact nature of Laughlin’s complaints. . Laughlin “refused to tell [Tomko] what his complaint was, and [Tomko] did instruct [Laughlin], ‘You don’t have to tell me but here’s some paperwork to fill out and I. can walk you over to human resources when you are ready and we’ll turn it in,’ and [Laughlin] never came back.”18

On December 28, 2012, the day after he spoke to Tomko, Laughlin was transferred to a different crew run by foreman Phillip Lewis,19 possibly as a result of Laughlin’s meeting with Tomko.20 Laughlin worked with that crew for about a month,.until he was terminated.

On January 31, 2013, the City fired Laughlin, finding his work during the first 90 days of his 180 day probationary period to have been “unsatisfactory.”21 The decision was made by the Commissioner of the Division of Water Pollution Control and communicated to Laughlin by Danyelle Conner, a human resources manager.22 The termination letter from the Commissioner explains that Laughlin ■ had not made adequate “progress [in his] work performance,” as his “skill level d[id] not [948]*948meet the standard of work performance desired for [his] position .23

By the time he was fired, Laughlin’s had received three written performance reviews. These reviews explain the Commissioner’s negative view of Laughlin’s work. The first review rated him as an average worker who was “continu[ing] to get a better understanding of the job.”24 The second review, however, rated him as thoroughly below average because he “wasn’t retaining the knowledge needed to perform job duties.”25 The third review reached the same conclusion as the second: Laughlin was a below average worker who did not demonstrate the skills expected by someone with his experience.26 Both the first and second evaluations were completed by Defendant Santora; the third evaluation was completed by foreman Lewis.

At the meeting where he was terminated, Laughlin stated that he felt the firing was in retaliation for complaining about Santora.27 Although Conner had previously not been aware of Santora’s complaints, after the meeting Conner conducted an investigation into Laughlin’s allegations of racial and sexual harassment.28 She ultimately wrote a report concluding that no illegal harassment had occurred.29 She testifies that the same decision to fire Laughlin would have been made even if the City had been aware of his complaints.30

After receiving a right to sue letter from the EEOC,31

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Laughlin v. City of Cleveland, 102 F. Supp. 3d 944, 2015 U.S. Dist. LEXIS 45284, 2015 WL 1538892 (N.D. Ohio 2015).

102 F. Supp. 3d 944 (Laughlin v. City of Cleveland) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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