Lavaughn Booker v. Brown & Williamson Tobacco Co., Inc.

879 F.2d 1304, 1989 U.S. App. LEXIS 9494, 50 Empl. Prac. Dec. (CCH) 39,135, 50 Fair Empl. Prac. Cas. (BNA) 365, 1989 WL 71742
CourtCourt of Appeals for the Sixth Circuit
DecidedJuly 3, 1989
Docket88-1331
StatusPublished
Cited by601 cases

This text of 879 F.2d 1304 (Lavaughn Booker v. Brown & Williamson Tobacco Co., 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
Lavaughn Booker v. Brown & Williamson Tobacco Co., Inc., 879 F.2d 1304, 1989 U.S. App. LEXIS 9494, 50 Empl. Prac. Dec. (CCH) 39,135, 50 Fair Empl. Prac. Cas. (BNA) 365, 1989 WL 71742 (6th Cir. 1989).

Opinions

MILBURN, Circuit Judge.

Plaintiff-appellant LaVaughn Booker appeals from the summary judgment entered by the district court in favor of defendant-appellee Brown & Williamson Tobacco Corporation (“Brown & Williamson”) in this civil rights action. For the reasons that follow, we affirm.

I.

A.

Booker initiated this action on March 3, 1987, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e-2000el7, and the Civil Rights Act of 1866, 42 U.S.C. § 1981. Following the close of discovery, Brown & Williamson filed a motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, alleging that plaintiff Booker could not establish a prima facie case of race discrimination and that he was demoted for legitimate, nondiscriminatory reasons which he could not establish as pretextual. Following a hearing on October 23, 1987, the district court granted summary judgment in favor of Brown & Williamson, concluding that there existed no genuine issue of material fact as to Brown & Williamson’s proffered nondiscriminatory reasons for his demotion. Summary judgment dismissing Booker’s federal claims was entered on October 28, 1987.

However, the day before the hearing on the motion for summary judgment, the magistrate granted Booker’s motion for leave to file an amended complaint thereby allowing him to add state law claims under the Elliott-Larsen Civil Rights Act, Mich. Comp. Laws Ann. §§ 37.2101-37.2804 (“Elliott-Larsen” or “the Act”). An order to this effect was entered on October 22, 1987. Due to the timing of the magistrate’s decision, Brown & Williamson’s original motion for summary judgment was limited to Booker’s federal claims.

Booker filed his amended complaint on November 30,1987, wherein he alleged two different claims of race discrimination under Elliott-Larsen; viz., one count of discrimination and one count of retaliation. Brown & Williamson subsequently filed a second motion for summary judgment on December 17, 1987, contending that the state law claims were barred under the doctrine of res judicata and that Booker had still failed to raise a genuine issue of material fact as to the proffered reasons for his demotion. On March 1, 1988, the district court again concluded that there existed no genuine issue of material fact and granted summary judgment on the remaining claims. A final judgment was entered on March 7, 1988, and this timely appeal followed.

B.

Brown & Williamson is a manufacturer of cigarettes and tobacco products and employs a nationwide sales force to promote and assist in the distribution of its products. The sales force is divided into departments and further subdivided into divisions. Each division has sales representatives who are supervised by a division manager.

Plaintiff Booker, a black male, was hired by Brown & Williamson on March 13,1978, and worked as a sales representative in [1308]*1308North Carolina until November 21, 1979, when, according to Booker, he was promoted to the position of account manager. He held the position of account sales manager until April 1, 1982, at which time he was promoted to the position of division manager in Troy, Michigan. Booker held the position of division manager from 1982 until his demotion on October 1, 1985. However, following his demotion, he continued to receive the same rate of pay as that of. a division manager.

Brown & Williamson contends that Booker was demoted from his supervisory position because of his management style and, in particular, his handling and treatment of his subordinates and customers. Lanny Butler (Brown & Williamson’s vice-president of sales), Charles Pavona (Booker’s immediate supervisor), and Glen Korfhage (Pavona’s supervisor), all of whom recommended Booker’s demotion, testified in their depositions that from the outset of his employment as division manager, Booker was repeatedly advised of the need to improve his managerial style, primarily his manner of directing and handling people, and that his failure to correct this deficiency ultimately led to his demotion.

Brown & Williamson presented proof of several instances of Booker’s alleged poor supervisory skills. In December of 1984, Booker wrote a letter to one of his sales representatives, severely criticizing him for communicating directly with Pavona, the department manager and Booker’s immediate supervisor. The sales representative was harshly chastised for failing to submit the letter first to Booker, was informed that “intelligence is a luxury, sometimes useless, sometimes fatal,” and that “those who are greedy of praise prove they are poor in merit.” As a result of this correspondence, as well as with other problems he was allegedly experiencing with Booker, the sales representative contacted Pavona and requested a transfer out of Booker’s division. Pavona testified that he denied the transfer at that time because he was unfamiliar with the situation, but that he did discuss the matter with Bookér.

In the same month, Pavona was contacted by a customer who complained about Booker’s handling of that customer’s account. After various attempts to resolve the problem, Pavona ultimately removed Booker from the account and replaced him with a division manager who 'had previously handled it. Pavona testified that during his investigation into this matter, he also discovered that Booker had improperly provided confidential information concerning one customer to another customer, a competitor.

On July 17, 1985, Pavona received a request from a second representative* Joseph Beale, for a transfer out of Booker’s division. In making his request, Beale outlined a number of problems which, he was having with Booker, including alleged unfair treatment, harassing telephone- calls; threats of termination for minor offenses, and the repeated use of foul language. A second meeting was held, attended by both Pavona and Pavona’s supervisor, Korf-hage, the area managér. At this second meeting, Beale confirmed his earlier discussions with Pavona and went into greater detail concerning the treatment which he had received from Booker. At the time, however, Beale was on, probation, and Pa-vona and Korfhage questioned his-credibility. Therefore, . they determined that Beale’s charges should be the subject of further investigation.

As a result, Pavona met with five other sales representatives within Booker’s division to investigate Beale’s allegations. These meetings were conducted between July and August 1985, and Beale’s allegations were substantially confirmed. For example, Pavona was told that many of the representatives were afraid of Booker, that he- repeatedly used profanity, that he was demanding and militaristic, that he repeatedly threatened his subordinates with termination for even the most minor mistakes, and that he used physical intimidation and often verbally abused subordinates until they began to cry.

Pavona and Korfhage met with Booker on August 14, 1985, and advised him that his managerial behavior and style were un[1309]*1309acceptable and that if he did not improve, he would be demoted or terminated.

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879 F.2d 1304, 1989 U.S. App. LEXIS 9494, 50 Empl. Prac. Dec. (CCH) 39,135, 50 Fair Empl. Prac. Cas. (BNA) 365, 1989 WL 71742, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavaughn-booker-v-brown-williamson-tobacco-co-inc-ca6-1989.