Leonard v. Twin Towers

6 F. App'x 223
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 1, 2001
DocketNo. 99-4221
StatusPublished
Cited by9 cases

This text of 6 F. App'x 223 (Leonard v. Twin Towers) 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
Leonard v. Twin Towers, 6 F. App'x 223 (6th Cir. 2001).

Opinion

NATHANIEL R. JONES, Circuit Judge.

On February 20, 1998, Appellant John Leonard brought an employment discrimination suit against Appellee Twin Towers in the United States District Court for the Southern District of Ohio. Leonard alleged that his former employer violated the Age Discrimination . in Employment Act (ADEA), 29 U.S.C. § 621 et. seq., and Ohio Rev.Code § 4112 when it fired him because of his age. Pursuant to 28 U.S.C. § 636(c), the parties consented to the jurisdiction of a United States Magistrate Judge and further consented that any appeal from the United States Magistrate Judge’s judgment would he directly to the Court of Appeals for the Sixth Circuit. After reviewing the evidence, the Magistrate Judge granted summary judgment in favor of Twin Towers. John Leonard has appealed. For the reasons that follow, we AFFIRM the Magistrate Judge’s decision.

I. FACTS

The Appellee, Twin Towers, is a nonprofit retirement community in Cincinnati. The Appellant, John Leonard, worked at Twin Towers from 1980 through 1997. During that period, he served as Assistant Supervisor of Maintenance, Supervisor of Maintenance, and as Assistant Director of Plant Maintenance. On June 10,1997, Mr. Leonard was discharged from his employment for allegedly making racial slurs about and in the presence of other employees. Mr. Leonard contends that these allegations were pretextual and that he was discharged because of his advancing age. Mr. Leonard was sixty-eight years old when Twin Towers terminated his employment.

For the last twelve years of his employment at Twin Towers, John Leonard worked under the supervision of Bert Turner. During that time period, Turner [226]*226gave Leonard multiple outstanding evaluations. In 1990, 1992, and 1995, Turner rated Leonard as “outstanding” in five out of seven categories. (Appellant’s Br. at 6.) Leonard alleges that despite his outstanding performance, Turner regularly inquired about his retirement even though he always told Turner that he planned on working until he was 75. Furthermore, Leonard states that when he gave Turner this stock answer, Turner often responded by telling him that he should “retire at about 70 and go out and enjoy life.” (J.A. at 152-156.) According to Leonard, Turner also talked about preparations to interview for his replacement and repeatedly told him that he should “start thinking about retiring.” Id. Leonard admits that at the time that Turner made these comments he thought that Turner was just making friendly conversation.

The Appellant’s minor son, David Leonard, was temporarily employed by Twin Towers as a part time employee. On April 28, 1997, William Parker, the Director of Resident Services, and Mary Bennett, the Director of Human Resources, fired him for engaging in inappropriate behavior at work.

According to Appellant’s co-worker Rose Hogue, John Leonard entered her office on May 20, 1997 and stated that “if it wasn’t for Mary, that nigger in Human Resources, and that blankety-blank Parker, David would be here.” (J.A. at 208-09.) Ms. Hogue reported these statements to Mary Bennett, who in turn reported them to Mr. Parker. Because Leonard’s supervisor, Bert Turner, was on sick leave, Parker began an investigation into the incident.

Mr. Parker interviewed Sam Mahan, a Twin Towers security employee who worked under the Appellant’s supervision, and asked him if he had heard Leonard use improper language against Ms. Bennett. Mahan responded that 'he had not but mentioned that he had heard Leonard use words like “nigger, darkies, and blackies” on other occasions. (J.A. at 84.) Mahan further asserted that he heard the Appellant say that it was necessary to install security cameras because black employees “were lazy” and “would steal.” (J.A. at 85.)

Mr. Parker reported these findings to Twin Towers Administrator Scott McQuinn. McQuinn told Parker to report what he knew to Bert Turner, who then took over the investigation. McQuinn also instructed Susan McConn to replace Ms. Bennett as the human resource advisor for this investigation because Mary Bennet was the target of Leonard’s alleged racist comment. It is undisputed that Turner’s role was strictly investigative and that Susan McConn was responsible for determining what, if any, disciplinary action would be taken against Leonard.

Mr. Turner’s investigation consisted of interviews with Rose Hogue, Nancy Knipe, Sam Mahan, and Sue Stanley. Ms. Hogue had known the Appellant since 1981 and ate lunch with him every day. In her interview with Turner, she reasserted that Leonard used a racial slur against Ms. Bennett because he was upset about his son being fired. Similarly, Sam Mahan also reiterated his earlier statements that he had heard the Appellant make racist comments about black employees. The other employees that Turner interviewed provided no additional evidence against Leonard.

Of the four individuals that Mr. Turner interviewed, only one, Sue Stanley, was a co-worker of John Leonard’s in the maintenance department. Turner has stated that he did not interview more of Leonard’s co-workers in the maintenance department because he suspected that they [227]*227would not be truthful on account of their allegiance to Leonard.

In her deposition, Mary Bennett confirmed that Ms. Hogue told her that John Leonard had made a racial slur against her. However, in the same deposition, Ms., Bennett also stated that her notes indicate that Hogue told her that Leonard was angry with her because of the way that she was handling a situation involving his wife, who was also employed at Twin Towers.1 These notes are not entirely consistent with Rose Hogue’s statements to Turner and others that Leonard was mad at Mary Bennett for firing his son. Bert Turner claims that he did not uncover this inconsistency because he did not interview Mary Bennett or look at her notes. He has stated that he did not review Mary Bennett’s notes because she was not a witness to the alleged conduct, and as the target of Leonard’s comments she was likely to be biased against him.

On June 3, 1997, Mr. Turner and Ms. McConn met with the Appellant to discuss the allegations against him. Leonard denied that he had used racial slurs and asked to talk to Ms. Hogue about her accusation against him. In an attempt to defend himself, Mr. Leonard stated that “I could have said that black bastard, if I was going to say anything, about Bill [Parker], but not Mary [Bennett.]” (J.A. at 92.) Bill Parker is white. Turner subsequently suspended John Leonard with pay pending further investigation.

After the meeting, Mr. Turner reinterviewed Ms. Hogue and Mr. Mahan. They both repeated their original allegations concerning Leonard. Mr. Turner then handed a report of his investigation over to Ms. McConn. After reviewing the information, she found that Leonard did in fact make the racial slur against Ms. Bennett. Ms. McConn stated that this finding was based on the allegations of Rose Hogue and Sam Mahan and the ease with which the Appellant used the phrase “black bastard” in the June 3,1997 meeting.

On June 10, 1997, John Leonard was summoned to a meeting with McConn and Turner. At the meeting he requested to be informed of the other employees who had indicated knowledge of his behavior.

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Bluebook (online)
6 F. App'x 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leonard-v-twin-towers-ca6-2001.