Lovelace v. BP Products North America, Inc.

252 F. App'x 33
CourtCourt of Appeals for the Sixth Circuit
DecidedOctober 19, 2007
Docket06-4324
StatusUnpublished
Cited by12 cases

This text of 252 F. App'x 33 (Lovelace v. BP Products North America, 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
Lovelace v. BP Products North America, Inc., 252 F. App'x 33 (6th Cir. 2007).

Opinion

GRIFFIN, Circuit Judge.

Plaintiffs Deaudrey Lovelace and Audra Picciano appeal from the district court’s order granting summary judgment in favor of defendant BP Products North America, Inc. (“BP”), in this case alleging retaliation and a racially hostile work environment in violation of Title VII of the Civil Rights Act (42 U.S.C. §§ 2000e-2000e-17), 42 U.S.C. § 1981, and Ohio Rev. Code § 4112.02. For the reasons stated below, we affirm the judgment of the district court dismissing all claims.

I.

BP is a global energy company that operates fuel stations throughout the United States. BP owns and operates a retail store in Strongsville, Ohio, which consists of a gas station and a connected Subway sandwich shop. Plaintiffs Lovelace, an African-American woman, and Picciano, a Caucasian woman, were hired by BP in June 2003 and January 2004, respectively, as customer service representatives (“CSRs”). They staffed both the gas station and the sandwich shop, attended to customers, stocked shelves, made sandwiches, and cleaned the premises. The Strongsville store was managed by Chris Cordeiro, who succeeded Julie Bruno as General Manager in October 2004. Kim Tasse, the Subway manager hired in January 2005, reported directly to Cordeiro who, in turn, reported to Melody Sheffield, BP’s account executive. Linda McCrae worked for BP as a human resources ad-visor, providing training and advice to store managers charged with enforcing BP’s employment policies. Sheffield and McCrae were responsible for multiple stores and thus did not work on site at the Strongsville store. Decisions regarding employee discipline rested with management at the Strongsville store — in this case, Cordeiro and Tasse.

BP maintains an employee manual that addresses, among other topics, policies and procedures designed to prevent unlawful discrimination and harassment. The manual is distributed to all new employees and a copy was kept at the Strongsville store so that it would be accessible to all employees. Pursuant to the manual, an employee who believes that he or she has been subjected to unlawful harassment or discrimination must immediately report the incident to management personnel. The manual directs management to investigate promptly a complaint, meet with the complainant and offending party, and, if necessary, take immediate remedial or dis *36 ciplinary action. BP’s policies also provide that an employee who makes a false complaint of discrimination will be subject to disciplinary action, including possible termination of employment.

The allegations that form the basis of this lawsuit began during Bruno’s management in October 2004, when Bruno told Lovelace that she should wear a hairnet because of customer complaints about hair in Subway’s food. Lovelace took offense because Bruno did not ask any other CSRs to wear a hairnet. During this same time period, Lisa Abboud, a CSR of Lebanese descent, told Lovelace that her toddler son had never seen a black person and that her husband had once seen an African-American woman, and he had commented that the woman was “pretty to be so dark.” Although Lovelace was offended, she did not report this incident. Abboud offended Lovelace again when she disparaged homosexuals; Lovelace, a heterosexual, filed an incident report, but no response was forthcoming from management.

In October 2004, Abboud commented to Picciano that black people “smelled funny.” Picciano found the statement to be offensive, informed Bruno and Lovelace about the comment, and filed an incident report. Picciano alleges that she never received a response regarding this written complaint.

Within weeks of Abboud’s statement, Safety Coordinator Dawn Smith, who has a prosthetic leg, heard Abboud make disparaging remarks about disabled people. Smith took offense and prepared an incident report, in which she noted that she was handicapped, and gave it to Cordeiro. However, Smith never received a response from Cordeiro regarding her complaint.

On April 5, 2005, Abboud, in the presence of Picciano, allegedly referred to an African-American customer leaving the store as a “dumb nigger.” No other employees heard the alleged comment. Picciano reported the incident to Tasse and Cordeiro. Cordeiro immediately confronted Abboud, who admitted saying something about the customer, but denied using a racial epithet. Cordeiro then advised Tasse to further investigate the matter by reviewing the tape from the store’s surveillance cameras, but the tape was not helpful because of a malfunctioning audio system. Tasse convened a meeting with Picciano and Abboud, informed them that the tapes were inconclusive, and urged the two women to “talk the issue out.” Although Abboud denied using a racial epithet, she apologized for saying anything that may have offended Picciano, but added that Picciano should not have been offended because she was not black. Picciano refused to accept Abboud’s apology. Tasse then instructed Picciano and Abboud to go back to work and stated that she would talk further to Cordeiro about the incident. Cordeiro considered the matter closed and did not forward the report to BP’s Human Resources Department.

Picciano told Lovelace, who was not at work on April 5, about the incident. On April 12, 2005, Lovelace confronted Abboud, and the discussion deteriorated into an exchange of profanities. Thereafter, the animosity between Abboud and plaintiffs escalated into a series of verbal skirmishes. On April 12, 2005, Lovelace filed an incident report regarding the April 5 incident, even though she had not witnessed it and had no new information about it. On April 14, Picciano talked to Cordeiro again about the April 5 incident and reviewed the surveillance tapes with him. She agreed that the tapes could not corroborate her allegations. The next day, Cordeiro contacted Linda McCrae in the human resources department to make her aware of the complaint. McCrae stated *37 that she would reinvestigate the matter. On April 18 and 19, Lovelace complained to Tasse about Abboud’s rudeness. On April 23, Lovelace submitted another incident report to Cordeiro, complaining again about the April 5 incident. This report contained no new information or allegations.

Meanwhile, in the course of her investigation, Linda McCrae interviewed Picciano and Abboud on April 25, 2005, and Lovelace the next day. She concluded that the April 5 incident could not be confirmed, but recommended that Cordeiro issue a written warning to Abboud. Cordeiro, however, declined to issue a warning to Abboud because of a lack of evidence. After her discussion with Linda McCrae, Lovelace angrily approached Tasse and protested to her that “I am a nigger, so nothing is going to happen. No one cares because I’m a nigger.” As a result of this outburst, Lovelace was issued a written reprimand instructing her not to use racist terminology in the workplace.

On April 29, 2005, Melody Sheffield visited the Strongsville store and was approached by Lovelace for a discussion of the April 5 incident. Sheffield assured Lovelace that BP did not tolerate harassment and that there would be a review of the anti-harassment policy with all BP employees at the Strongsville store.

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252 F. App'x 33, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lovelace-v-bp-products-north-america-inc-ca6-2007.