Loretta Steward v. New Chrysler

415 F. App'x 632
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 4, 2011
Docket08-1282
StatusUnpublished
Cited by23 cases

This text of 415 F. App'x 632 (Loretta Steward v. New Chrysler) 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
Loretta Steward v. New Chrysler, 415 F. App'x 632 (6th Cir. 2011).

Opinions

BOGGS, Circuit Judge.

Plaintiff Loretta Frazier Steward (“Steward”)1 appeals the district court’s grant of summary judgment with respect to various state-law claims and a federal Americans with Disabilities Act (“ADA”) claim arising out of her employment at the corporate predecessors of defendant New Chrysler (collectively, “Chrysler”).2 Steward also appeals the district court’s refusal to allow her to. dismiss her ADA claim voluntarily prior to the district court’s determination of Chrysler’s summary-judgment motion. We affirm in toto.

I. BACKGROUND

A. Steward’s Hiring by Chrysler

Steward, an African-American female, commenced her employment at Chrysler in 1997. Her employment application contained the following provision:

I agree that any claim or lawsuit relating to my service with [Chrysler] or any of its subsidiaries must be filed no more than six (6) months after the date of the employment action that is the subject of the claim or lawsuit. I waive any statute of limitations to the contrary.

Record on Appeal (“ROA”) at 155. For the duration of her employment at Chrysler, Steward was an hourly, union-represented worker on the assembly line at Chrysler’s Viper Plant in Detroit.

B. Steward’s Experience with John McKerley

1. Steward’s Deposition Testimony

From 1998 onward, Steward worked under the direct supervision of John McKer-ley, a white male. Since she had the “highest seniority on the line,” Steward enjoyed “[her] choice of jobs.” ROA at 122, 366. She further disavowed any knowledge of how other employees were assigned to their stations. ROA at 124. Nevertheless, Steward stated in her deposition that McKerley kept the approximately five to ten African-American employees (out of 20-40 whom he oversaw) “segregated” at opposite ends of the assembly line; Steward and some of her coworkers referred to her end of the line as “the undesirables,” and to the other end as “the good old boys.” ROA at 139. Steward also stated that McKerley assigned additional and more difficult work to her portion of the line, and sometimes had “the [634]*634undesirables” do extra work while “the good old boys” took breaks. ROA at 358, 361. Furthermore, Steward complained that McKerley would sometimes cause the assembly line to move forward before Steward was finished with a job, thereby endangering her safety. ROA at 367.

At the same time, however, Steward admitted that at least one white employee worked in what she called the “black part of the line,” ROA at 270, 358; that she was, at least at one point, teamed at her station with a white employee, ROA at 123; and that white employees replaced her at her position on the line when she was absent, ROA at 125. Further, she does not claim that she was denied any particular job on the assembly line on account of her race.3 ROA at 122-124, 366.

According to Steward, McKerley “tr[ied] to keep it a secret” if there was overtime work available so that he could offer it to “his friends first, his golf buddies first”— i.e., to the “good old boys.” ROA at 361. McKerley also “let[ ] his golf buddies or his friends ... take [personal] days” more freely than he let Steward take them. ROA at 361. Steward claimed that McKerley gave her disciplinary write-ups for petty infractions for which other employees were not disciplined, such as using the bathroom. ROA at 119, 361. However, Steward admitted that she was not suspended or docked any pay as a result of any such write-ups. ROA at 143, 364. Further, Steward did not claim that McKerley singled her out for discipline on account of her race, as opposed to some other reason. See ROA at 145 (“[I believe] that’s some kind of discrimination for whether I’m black, whether I’m a woman, or for whatever reason, whether I filed charges, whether I’m voiceful, whether I practice my rights ... through the National Labor Board.”).

Steward stated that McKerley occasionally made “little racial jokes” to his friends, but “[n]ot to [her] directly”; she “didn’t really pay too much attention” to these jokes, and she could not describe them further. ROA at 146. Steward noted that a black employee once teased McKerley about “wanting] some of [Steward’s] behind” and “lik[ing] black girls’ behinds.” ROA at 146. She did not complain about any of these comments to plant management.

2. Other Employees’ Deposition Testimony

Steward also offered the deposition testimony of three other African-American employees as to their own experience under McKerley.

a. Anthony Thomas

Anthony Thomas stated in deposition that McKerley “took care of’ his personal friends whom he “hung out with and went golfing with and ate with and whatnot”; these employees were white men. ROA at 259. McKerley “kept [his friends] at the front of the line with all the jobs with the less work on it, where they would be getting as much overtime as they could.... ” ROA at 259. However, Thomas acknowledged that he shared a job on the assembly line at various times with white employees, and that some white employees not among “the guys that McKerley hung out with” received the same difficult work Thomas and other African-Americans did. ROA at 269, 270. Thomas claimed that [635]*635McKerley “would harass [him] all of the time” by giving him “dirty jobs” and extra tasks, but stated that he did not know why McKerley did so. ROA at 261. Thomas complained to McKerley’s boss, an African-American female, that the distribution of work was uneven, but had never suggested to management that the disparity was related to race. ROA at 270.

Thomas also claimed that McKerley would “harass” employees by forcing the assembly line to move forward before they were finished with their tasks, and that this affected “everybody, whites or blacks.” ROA at 265. It seemed to Thomas that “the blacks [were] the ones [McKerley] was fighting [i.e., arguing with] the most, but he fought with the whites too.” ROA at 267.

Thomas claimed that McKerley subjected African-American employees to stricter disciplinary standards than white employees, but he could not give any examples when asked. ROA at 267-68. He recalled having overheard McKerley make a racial joke to another person sometime during or before 2001, but could not remember anything more specific about it. ROA at 268. In 2008 or 2004, Thomas transferred to a different area of the plant to get out from under McKerley’s supervision; all the incidents which he described took place before that transfer. ROA at 265, 270.

b. Eugene Glenn

Another African-American employee, Eugene Glenn, testified that he had worked as a “team leader” under McKer-ley. ROA at 278. McKerley subjected him to discipline for infractions that other employees were allowed to get away with, but Glenn denied that this disparity “was totally racial,” since other African-American employees were among those who were not disciplined; rather, Glenn felt that he was “being singled out” and that “it was definitely about me.” ROA at 280. Glenn acknowledged that he had also heard white employees complain about being singled out for discipline by McKerley. ROA at 284. Glenn contradicted Steward’s allegation that the assembly line was segregated, testifying that McKerley “didn’t want ...

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
415 F. App'x 632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loretta-steward-v-new-chrysler-ca6-2011.