Lewis v. Rucker

721 F. Supp. 929, 1989 U.S. Dist. LEXIS 11670, 54 Empl. Prac. Dec. (CCH) 40,120, 50 Fair Empl. Prac. Cas. (BNA) 1855, 1989 WL 117724
CourtDistrict Court, S.D. Ohio
DecidedAugust 30, 1989
DocketNo. C-1-88-257
StatusPublished
Cited by1 cases

This text of 721 F. Supp. 929 (Lewis v. Rucker) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Rucker, 721 F. Supp. 929, 1989 U.S. Dist. LEXIS 11670, 54 Empl. Prac. Dec. (CCH) 40,120, 50 Fair Empl. Prac. Cas. (BNA) 1855, 1989 WL 117724 (S.D. Ohio 1989).

Opinion

ORDER

HERMAN J. WEBER, District Judge.

This matter is before the Court pursuant to a two day trial to the Court at which both parties presented witnesses, trial exhibits and argument. Plaintiffs Complaint alleges a cause of action for race discrimination in violation of Title 42 U.S.C. § 1981. On the basis of the evidence, testimony and argument presented by the parties, the Court makes the following Findings of Fact and Conclusions of Law.

Findings of Fact

Plaintiff, Rachel Lewis, is a person of the black race who worked for Everett Rucker Insurance Agency in different capacities between February, 1986 and September, 1987. Defendant Everett Rucker is a person of the black race who began his State Farm Insurance Agency in St. Bernard, Cincinnati, Ohio in 1982. Defendant and his Agency remain in business as of the date of this trial.

The City of St. Bernard in Cincinnati, Ohio is predominantly inhabited by white residents.

Defendant hired Brenda Allen, a person of the black race, in August, 1985 as his principal office employee. During Ms. Allen’s employment, defendant had conversations with her regarding his desire to hire white people to staff his office because it would be good for business in light of the fact that he was located in a predominantly white area of Cincinnati. These conversations continued after plaintiff was employed and plaintiff confirmed that defendant had stated his intention to hire whites during her part-time employment.

Defendant had had no experience of losing any business because of the fact that he was black and affirmed that he had no complaints from any white customers because his employees were black. No one at State Farm, had suggested that he hire white employees or that he. set up his office personnel in any particular manner.

In February, 1986 defendant expanded his office operation from a one person to a two person staff. The plaintiff was hired on a part-time basis at that time. From time to time, defendant employed a number of casual employees who worked on special matters, however, the principal office staff remained a two-person staff after February, 1986 to the date of trial.

After plaintiff’s hiring, the next employee to be hired was an Asian, Azad Shawki, who was hired as a full-time employee to take pictures and to develop business. Mr. Shawki worked for defendant for three months and was then laid off due to lack of work and lack of production.

In the first week of February, 1987, defendant hired a black employee, Betty Penn, to do some of plaintiff’s work so that plaintiff could concentrate on sales. Mrs. Penn was terminated after approximately three weeks because of absenteeism.

After Mrs. Penn’s termination, defendant hired a white employee, Candee Adams. The hiring of Ms. Adams on or about March 24, 1987 was done through advertisement in the Cincinnati Enquirer and after interviewing several applicants. Ms. Adams was well qualified for the position and was hired as a full-time employee to handle the duties that had been given to Mrs. Penn in the office. Plaintiff continued to work part-time.

[931]*931Defendant then hired a white employee, Gloria Couch (f/k/a Schnicke), who worked approximately two months as a part-time employee doing some of the same work as plaintiff. Due to lack of funds, Ms. Couch was laid off in August, 1987 at which time plaintiff continued to work part-time.

In March of 1987, Ms. Allen, who was designated as the office manager, was pregnant and was planning to go on an agreed two-month paid pregnancy leave. It was at this time that defendant hired Ms. Adams to be trained and to take Ms. Allen’s place during her pregnancy leave.

In June, 1987, defendant terminated Ms. Allen before she left on her pregnancy leave. Ms. Allen had worked for defendant for a period of approximately two years and, during that time, was a very competent, independent and self-sufficient employee. There were, however, differences of opinion between defendant and Ms. Allen regarding her role in the office and defendant stated that he was upset about Ms. Allen’s tone of voice and attitude regarding a customer service matter and defendant felt that Ms. Allen was insubordinate.

When Ms. Adams was hired, plaintiff’s workplace, which had been visible to customers in the lobby, was changed to a place around the corner and behind a wall and Ms. Adams took plaintiff’s desk where she was visible to the customers. Shortly thereafter, Ms. Adams was made the office manager.

Prior to September 1, 1987, plaintiff had always worked in a part-time position. On September 1, 1987, defendant promoted plaintiff to a full-time position.

The relationship between Ms. Adams and plaintiff was a tense and combative one. Plaintiff challenged the younger Ms. Adams on several occasions with issues including the proper title by which Ms. Adams should address plaintiff, the prohibition of Ms. Adams’ smoking in the office, and Ms. Adams’ denial of access to plaintiff to an office drawer.

Plaintiff also had difficulties in her relationships with Ms. Penn during her employment as well as with defendant. Plaintiff had raised her voice to defendant at least twice during her employment and engaged in arguments with him concerning towing bills submitted for her own automobile. Plaintiff also had problems in her relationship with Ms. Allen; plaintiff had complained to Ms. Adams about Ms. Allen and Ms. Allen had complained to defendant about plaintiff.

On September 28, 1987, Ms. Adams went to defendant and told him that she could not deal with the stress created in the office by plaintiff and she offered to resign with a 30 day notice. Ms. Adams told defendant that he could either terminate plaintiff or that she would have to quit. Defendant told Ms. Adams that he wanted to talk to plaintiff and he understood that a critical problem did exist.

In his consideration of whom to terminate, defendant talked to his regional director at State Farm, Jeff Vanderhyden, after which he made the decision to terminate plaintiff.

Defendant considered it a “close call” as to which of the two employees was more valuable. He recognized, however, that there was no possibility to mediate the conflict between the two and that it was necessary to terminate one and retain the other. Significantly, plaintiff’s inability to establish and maintain friendly working relationships with so many of her co-workers was the determining factor in his decision.

Plaintiff demonstrated a resentment of the fact that other employees were hired in positions of greater authority, more responsibility and on full-time status. In spite of the fact that on or about March 1, 1987, defendant asked plaintiff at a regular staff meeting if she could work a full-time schedule and plaintiff explained that she could not because of medical problems.

On the other hand, Ms. Adams was a full-time employee with more current insurance knowledge, a better working relationship with others, and a demonstrated ability to handle the computer and paperwork. In addition, no clients had complained about their dealings with Ms. Adams, while at least two clients who testified, Debra [932]*932Hawkins and Robert Wagner, described negative experiences in their dealings with plaintiff.

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721 F. Supp. 929, 1989 U.S. Dist. LEXIS 11670, 54 Empl. Prac. Dec. (CCH) 40,120, 50 Fair Empl. Prac. Cas. (BNA) 1855, 1989 WL 117724, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-rucker-ohsd-1989.