Madden v. Chattanooga City Wide Service Department

549 F.3d 666, 2008 U.S. App. LEXIS 24080, 91 Empl. Prac. Dec. (CCH) 43,391, 104 Fair Empl. Prac. Cas. (BNA) 1473, 2008 WL 4977335
CourtCourt of Appeals for the Sixth Circuit
DecidedNovember 25, 2008
Docket08-5082
StatusPublished
Cited by100 cases

This text of 549 F.3d 666 (Madden v. Chattanooga City Wide Service Department) 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.

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Madden v. Chattanooga City Wide Service Department, 549 F.3d 666, 2008 U.S. App. LEXIS 24080, 91 Empl. Prac. Dec. (CCH) 43,391, 104 Fair Empl. Prac. Cas. (BNA) 1473, 2008 WL 4977335 (6th Cir. 2008).

Opinion

OPINION

KAREN NELSON MOORE, Circuit Judge.

Defendant-Appellant Chattanooga City Wide Service Department (“CWS”) appeals the district court’s entry of judgment following a bench trial awarding Plaintiff-Appellee Ronald L. Madden (“Madden”) back pay, front pay, and compensatory damages on his claim that CWS terminated his employment in violation of Title VII of the Civil Rights Act of 1964 (“Title VII”), 42 U.S.C. § 2000e-2, and the Tennessee Human Rights Act (“THRA”), TeNN.Code Ann. § 4-21-101 et seq. Madden, who is African-American, worked as a crew worker for CWS until he was fired following an incident on March 22, 2006, in which he set off firecrackers at a work site and was reported by his white supervisor to senior managers. White employees had set off firecrackers or similar devices in the presence of supervisors without facing discipline. On appeal, CWS argues that (1) the district court erred in finding that CWS intentionally discriminated against Madden, (2) the district court erred in failing to toll the award of back pay because Madden refused an offer of reinstatement, and (3) the district court erred by awarding excessive front pay. Because the district court did not clearly err in finding intentional discrimination and did not abuse its discretion in awarding damages, we AFFIRM the district court’s judgment for Madden.

I. BACKGROUND

Madden began working as a crew worker for the Street Maintenance Section of CWS on November 25, 2003. On March 20, 2006, Madden was reassigned from his previous duties to a crew supervised by Keith Templin (“Templin”), who had worked as a crew supervisor for around five years.

Two days later, on March 22, 2006, the crew to which Madden was newly assigned was dispatched to clean a ditch in a rural area in Chattanooga, Tennessee. Upon arrival, the crew parked its trucks and crew cabs in a cul-de-sac off of the main road. While the other workers stayed near the trucks off the main road, Templin and an equipment operator walked a couple hundred feet down a smaller side road, where the ditch was located, to survey the site before moving the trucks into place. As he began walking down the road, Templin heard a single pop back near the trucks. Believing this was a backfire, Templin went back to talking with his operator. Templin then heard a series of pops, which sounded like firecrackers, so *670 he yelled back toward the trucks to “cut it out” if any of his crew members were responsible. After then hearing another series of pops, Templin started walking back to the trucks and yelled back for the person setting off fireworks to meet him halfway. Madden admitted to Templin that he set off the firecrackers. 1

After the incident, Templin called his supervisor and told him that he “had instructed him to quit throwing the firecrackers and they persisted and that I was sending him in for him to deal with.” J.A. at 172 (Trial Tr. at 102). Templin then called a truck driver to pick Madden up from the work site and return him to CWS. J.A. at 172-73 (Trial Tr. at 102-03).

Templin’s report of Madden prompted an immediate investigation of the incident by senior managers at CWS — Tony Boyd (“Boyd”), CWS’s construction manager, and James Templeton (“Templeton”), Director of CWS. Boyd, who received the call from Templin, instructed Templin to send Madden back to CWS for an investigation. J.A. at 174 (Trial Tr. at 104). According to Boyd, when Madden was asked why he set off the firecrackers, Madden responded that he was just joking and did not mention the presence of a dog at the work site. J.A. at 175 (Trial Tr. at 105). Both Boyd and Templeton testified at trial that no other incidents involving employee use of firecrackers had been brought to their attention. J.A. at 175 (Trial Tr. at 105); J.A. at 179 (Trial Tr. at 109). Following the investigation, Templeton made a recommendation that Madden’s employment be terminated. J.A. at 179 (Trial Tr. at 109). At trial, Templeton explained that he considered it a safety issue, given the “close proximity of other employees” and “people coming out from their residences, concerned about what was going on.” Id.

Templeton forwarded his recommendation that Madden be terminated to Steven C. Leach (“Leach”), Administrator of Public Works for the City of Chattanooga. Based on information about the incident provided by Templeton, Leach followed the recommendation and decided to terminate Madden’s employment. At trial, Leach testified that his decision was based on concerns for the safety of other employees and the fact that the incident occurred in a public place. Like Boyd and Temple-ton, Leach testified that no other incidents involving employee use of firecrackers had ever been brought to his attention. J.A. at 157 (Trial Tr. at 87). Upon questioning by the court, Leach further testified that he had never been made aware of the specific incidents of firecracker use by employees described at trial by Madden’s witnesses. J.A. at 160-63 (Trial Tr. at 90-93). On March 23, 2006, Leach informed Madden that his employment was terminated effective March 27, 2006, because of the firecracker incident. Mot. to Supplement (Ex. A at 1; Trial Tr. at 24); J.A. at 104 (Trial Tr. at 25).

Madden’s termination was affirmed by the Chattanooga City Council following an administrative appeal by Madden. J.A. at *671 156 (Trial Tr. at 86). At the time he was fired, Madden earned an annual salary of $21,106 at an hourly rate of around $10 per hour. Mot. to Supplement (Ex. A at 1; Trial Tr. at 24). Madden then filed complaints with the Equal Employment Opportunity Commission (“EEOC”) on February 15, 2006, and June 7, 2006, and with the Tennessee Human Rights Commission (“THRC”). Madden was issued an EEOC right to sue letter on February 13, 2007.

On October 4, 2006, Madden, proceeding pro se, filed the present suit against CWS, various city employees, and an EEOC investigator. Madden alleged three violations of Title VII: (1) wrongful termination based on his race, (2) racial harassment creating a hostile work environment, and (3) retaliation for his participating in an investigation under Title VII. J.A. at 16-26 (Complaint); J.A. at 73 (Summ. J. Mem. Op. at 5). Madden also brought claims under 42 U.S.C. §§ 1981, 1983, state-law claims under the THRA, and claims under the United States and Tennessee Constitutions. J.A. at 80-81 (Summ. J. Mem. Op. at 12-13). The district court dismissed all of Madden’s claims except those against CWS. J.A. at 72 (Summ. J. Mem. Op. at 4).

On August 14, 2007, CWS moved for summary judgment on all of Madden’s claims. J.A. at 67 (Mot. for Summ. J.). On October 22, 2007, the district court granted summary judgment on Madden’s Title VII hostile-work-environment and retaliation claims, but denied summary judgment as to the wrongful-termination claim. J.A. at 73-80 (Summ. J. Mem. Op. at 5-12). Applying the burden-shifting framework of McDonnell Douglas Corp. v. Oreen, 411 U.S. 792, 93 S.Ct. 1817, 36 L.Ed.2d 668 (1973), as modified by Texas Department of Community Affairs v.

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549 F.3d 666, 2008 U.S. App. LEXIS 24080, 91 Empl. Prac. Dec. (CCH) 43,391, 104 Fair Empl. Prac. Cas. (BNA) 1473, 2008 WL 4977335, Counsel Stack Legal Research, https://law.counselstack.com/opinion/madden-v-chattanooga-city-wide-service-department-ca6-2008.