Lavigne v. Cajun Deep Foundations, LLC

86 F. Supp. 3d 524, 2015 U.S. Dist. LEXIS 13386, 126 Fair Empl. Prac. Cas. (BNA) 200, 2015 WL 476107
CourtDistrict Court, M.D. Louisiana
DecidedFebruary 4, 2015
DocketCivil Action No. 12-00441-BAJ-SCR
StatusPublished

This text of 86 F. Supp. 3d 524 (Lavigne v. Cajun Deep Foundations, LLC) is published on Counsel Stack Legal Research, covering District Court, M.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lavigne v. Cajun Deep Foundations, LLC, 86 F. Supp. 3d 524, 2015 U.S. Dist. LEXIS 13386, 126 Fair Empl. Prac. Cas. (BNA) 200, 2015 WL 476107 (M.D. La. 2015).

Opinion

RULING AND ORDER

BRIAN A. JACKSON, Chief Judge.

I.INTRODUCTION

This matter involves allegations of unlawful discrimination on the basis of race by Defendant Cajun Deep Foundations, LLC (“Cajun Deep”).1 On July 14,. 2014, this matter came before the Court for a non-jury trial on the merits. (Docs. 115, 120.) Having considered the parties post-trial submissions, the evidence introduced at the trial, and the arguments presented by counsel, the Court finds that Plaintiff Terrance J. Lavigne’s (“Lavigne”) has proven by a preponderance of the evidence that Cajun Deep paid him less than similarly situated non-African American employees for substantially the same job responsibilities, in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”) and the Louisiana Employment Discrimination Law, La. R.S. § 23:301 et seq. As such, Lavigne is entitled to compensatory and punitive damages, including back pay. The Court further finds that Lavigne failed to prove by a preponderance of the evidence that Cajun Deep treated him worse than similarly situated non-African American employees following the February 7, 2011 excavator incident. Accordingly, La-vigne’s disparate treatment claim must be dismissed. Accordingly, Lavigne’s request for a judgment in his favor, injunctive relief, compensatory damages, and attorneys’ fees and costs is GRANTED IN PART and DENIED IN PART. The Court’s findings of fact and conclusions of law are set forth below, as required by Federal Rule of Civil Procedure (“Rule”) 52(a).

II. JURISDICTION

It is uncontested that this Court has jurisdiction pursuant to 28 U.S.C. § 1331.

III. BACKGROUND

This is an employment discrimination action brought by Lavigne against his former employer, Cajun Deep, pursuant to Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. (“Title VII”) and the Louisiana Employment Discrimination Law, La. R.S. § 23:301 et seq. La-vigne initially filed this lawsuit pro se.2 Lavigne’s Complaint alleges that Cajun Deep unlawfully discriminated against him on the basis of his race (African American). Specifically, Lavigne alleges that he was denied promotional opportunities, [527]*527treated “less favorably than white male employees who violated the same or similar policies,” and that he was wrongfully terminated for alleged violations of company policy. (Doc. 1, pp. 2-3.) Accordingly, Lavigne seeks “injunctive relief,” back pay, damages, attorneys’ fees, and costs. (Doc. 1, p. 3.) Cajun Deep denies all liability. (Doc. 6.)

Prior to trial, Cajun Deep filed a motion for summary judgment. (Docs. 46, 86.) Lavigne opposed the motion. (Docs. 52, 85.) After careful review of the summary judgment evidence, the Court granted in part and denied in part Cajun Deep’s motion. (Doc. 102.) Specifically, the Court dismissed all but three of Lavigne’s claims: (1) Lavigne’s federal and state law disparate treatment claim that Cajun Deep discriminated against him when it placed him on a one-year operator’s probation and suspended him for three days after he struck the girder of the southbound Interstate-310 bridge with the boom of an excavator; (2) Lavigne’s federal law disparate compensation claim that Cajun Deep discriminated against him when it failed to compensate him at the rate of a supervisor for job number 11-500 in October and November 2010, and job number 11-527 in January 2011; (3) Lavigne’s federal law disparate compensation claim that Cajun Deep discriminated against him when it failed to compensate him at the rate of a supervisor for job number 1-527 in January 2011.

IV. FINDINGS OF FACT

The following findings of fact are uncon-troverted or supported by the evidence in the record. Where a particular fact was controverted, the Court weighed the evidence and determined that the evidence presented by the party supporting that fact was more persuasive.

1.Lavigne is an African American male.

2. On August 18, 2005, non-party Cajun Constructors, Inc. hired Lavigne as a Laborer.

3. In October 2005, Lavigne was promoted to Driller Helper and received a pay increase to $12.00 per hour.

4. On October 26, 2006, Lavigne received a promotion to Leadman and received a pay increase to $16.00 per hour.

5. In 2007, Lavigne began working for Cajun Deep, was promoted to Drill Shaft Operator, and received a pay increase to $19.00 per hour.

6. On June 7, 2009, Lavigne was promoted to Drill Shaft Foreman and received a pay increase to $20.00 per hour.

7. Lavigne was promoted four times and received six pay raises in less than four years of employment with Cajun Deep, and went from working on crews to supervising employees and drill-only jobs as a Drill Shaft Foreman.

8. Lavigne was qualified for the position of Drill Shaft Foreman. >

9. Lavigne performed duties above and beyond the position of Drill Shaft Foreman, including duties assigned to Superintendents.

10. Shortly after his promotion to Drill Shaft Foreman, Lavigne was given a company cell phone, an item reserved for Superintendents.

11. Lavigne used the company cell phone numerous times while performing the duties of a Job Site or Project Superintendent, including during job numbers 11-500 and 11-527.

12. Lavigne was also given a Superintendent’s manual, which contained all of the duties of a Superintendent.

13. Lavigne referred to the Superintendent’s manual several times while [528]*528performing the duties of a Superintendent, including during job numbers 11-500 and 11-527.

14. On October 11, 2010, Cajun Deep designated Lavigne as the Project Superintendent for job number 11-500 in Austin, Texas.

15. Lavigne was notified at the pre-con-struction meeting with Chris Jacob (“Jacob”), Drill Shaft Manager, and Gene Landry (“Landry”), General Superintendent, that he would be the Project Superintendent for job number 11-500.

16. Job number 11-500 was a large job that lasted approximately thirty days and involved numerous drill shafts, two work sites, two drilling rigs, and four crew members.

17. In addition, Lavigne and his crew were sub-contracted to James Construction, a Cajun Deep client.

18. The Pre-Task Forms for job number 11-500 identify Lavigne as Project Superintendent.

19. The Work Tickets for job number 11-500 identify Lavigne as Project Superintendent.

20. The Final Completion Acceptance form for job number 11-500 identifies Lavigne as the Project Superintendent.

21. Lavigne performed the duties of a Project Superintendent while working job number 11-500.

22.

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86 F. Supp. 3d 524, 2015 U.S. Dist. LEXIS 13386, 126 Fair Empl. Prac. Cas. (BNA) 200, 2015 WL 476107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lavigne-v-cajun-deep-foundations-llc-lamd-2015.