Otto May, Jr. v. Chrysler Group LLC

692 F.3d 734, 2012 WL 3608588, 2012 U.S. App. LEXIS 17820, 96 Empl. Prac. Dec. (CCH) 44,599, 115 Fair Empl. Prac. Cas. (BNA) 1409
CourtCourt of Appeals for the Seventh Circuit
DecidedAugust 23, 2012
Docket11-3000, 11-3109
StatusPublished
Cited by5 cases

This text of 692 F.3d 734 (Otto May, Jr. v. Chrysler Group LLC) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Otto May, Jr. v. Chrysler Group LLC, 692 F.3d 734, 2012 WL 3608588, 2012 U.S. App. LEXIS 17820, 96 Empl. Prac. Dec. (CCH) 44,599, 115 Fair Empl. Prac. Cas. (BNA) 1409 (7th Cir. 2012).

Opinions

TINDER, Circuit Judge.

More than fifty times between 2002 and 2005, Otto May, Jr., a pipefitter at Chrysler’s Belvedere Assembly Plant, was the target of racist, xenophobic, homophobic, and anti-Semitic graffiti that appeared in and around the plant’s paint department. Examples, unfortunately, are necessary to show how disturbingly vile and aggressive the messages were: “Otto Cuban Jew fag die,” “Otto Cuban good Jew is a dead Jew,” “death to the Cuban Jew,” “fuck Otto Cuban Jew fag,” “get the Cuban Jew,” and “fuck Otto Cuban Jew nigger lover.” In addition to the graffiti, more than half-a-dozen times May found death-threat notes in his toolbox. Different medium, same themes: “Otto Cuban Jew muther fucker bastard get our message your family is not safe we will get you good Jew is a dead Jew say hi to your hore wife death to the jews heil hitler [swastika].” The harassment was not confined to prose. May had his bike and car tires punctured, sugar was poured in the gas tanks of two of his cars, and, most bizarrely, a dead bird wrapped in toilet paper to look like a Ku Klux Klansman (complete with pointy hat) was placed in a vise at one of May’s work stations. May contacted the local police, the FBI, the Anti-Defamation League, and, of course, complained to Chrysler. And Chrysler responded: The head of human resources at the Belvedere plant met with two groups of skilled tradesmen (like May) and reminded them that harassment was unacceptable, a procedure was implemented to document the harassment, efforts were made to discover who was at the plant during the periods when the incidents likely occurred, and a handwriting analyst was retained and used. Unfortunately, the harasser or harassers were never caught.

May sued Chrysler in 2002 (relatively early in the cycle of harassment) and alleged a variety of claims under Title VII and 42 U.S.C. § 1981. Only his hostile work environment claim survived summary judgment and made it to trial. And at trial there were only four contested issues: First, whether someone other than May was responsible for the harassment. (Chrysler, obviously, would not be liable for self-inflicted “harassment.”) Second, whether Chrysler took steps reasonably calculated to end the harassment. Third, to determine if punitive damages were appropriate, whether Chrysler recklessly dis[737]*737regarded May’s federally-protected rights. And fourth, the amount of damages, if any.

The jury concluded that May carried his burden and awarded him $709,000 in compensatory damages and $3.5 million in punitive damages. Responding to Chrysler’s post-verdict motions, the district court sided with May on the first two issues: May had presented sufficient evidence for the jury to conclude that Chrysler was liable for the hostile work environment. The district court believed, however, that the jury’s compensatory damages award was excessive. Rather than returning to trial on compensatory damages, May accepted remittitur to $300,000. On the third issue, punitive damages, the district court sided with Chrysler, and concluded that May failed to present sufficient evidence for the jury to decide that Chrysler recklessly disregarded his federally-protected rights. The verdict on punitive damages was therefore vacated. Both parties appeal. Chrysler argues that it should not be held liable at all; May argues that the jury was entitled to conclude not only that Chrysler was liable but that it was reckless, and so the jury’s verdict on punitive damages should be reinstated.

The district court correctly rejected Chrysler’s motions for judgment as a matter of law on liability. It should have also rejected Chrysler’s post-verdict motion for judgment as a matter of law on punitive damages. We reverse in part to reinstate the verdict.

I. Background

To understand the particular nature of May’s harassment, it is helpful to know a little about May’s family story. We therefore begin, briefly, with May’s grandfather, who moved to Cuba from Germany around 1911. Although he was Jewish, he married a Protestant woman from Cuba, and May’s father was raised as a Protestant. Two years after Fidel Castro took power, when May was eleven, May and his family moved to Florida. When May was seventeen, he converted to Judaism so he could marry his girlfriend (she was Jewish). He has since divorced and remarried several times, but his connection to Judaism has endured, and he identifies as a Messianic Jew. Since 1988, May has worked at Chrysler’s Belvedere Assembly Plant, in Belvedere, Illinois, as a pipefitter, repairing and maintaining equipment used to paint and assemble cars.

The events that produced this case started early in 2002 with vandalism to May’s car and then to the loaner cars he used as replacements. The first car broke down on his drive home from work — sugar in the gas tank, according to the mechanic. He drove a second car for a few weeks before sugar was discovered in its tank too. That second car also had a tire disintegrate, as did the tire of a third car he drove while the first two were in the shop. All this was reported to the local police and to Chrysler in February 2002. Three months later, May drove over a homemade spike hidden by rags and placed under his tire. He reported the incident to security and police the next day. May didn’t notice a response from Chrysler, so he complained to a person in human resources at Chrysler’s headquarters in Michigan. Approximately ten days later, Kim Kuborn, a human resources supervisor who eventually became the principal HR person on May’s case, called May and told him he could park in the salaried lot, which is monitored by cameras. This solution didn’t much please May, however, because a Chrysler security officer told him that some of the cameras did not record, that some did not work, and that the ones that did were not monitored.

The threatening messages started in the first half of 2002, with words “fuck” and [738]*738“sucks” written on the tag of May’s coveralls. In June 2002, a heart with “Chuck + Otto” was found on the wall of a materials elevator. (Chuck was one of May’s closest friends at the plant.) May complained to management, but the writing was not removed until August 29. Two days later, May saw “Cuban fag Jew” on the wall of the same elevator. May reported the graffiti and it was cleaned four days later, on September 3. That same day, May found a printout of a chain email titled ‘Tes, I’m a Bad American” tucked into one of the drawers of his toolbox. The document had some hand-written additions. For example, next to a printed line that said “I think being a minority does not make you noble or victimized, and does not entitle you to anything” was hand-written “Cuban sucks cock fag.” Next to the printed line “I’ve never owned a slave, or was a slave, I didn’t wander forty years in the desert after getting chased out of Egypt- I haven’t burned any witches or been persecuted by the Turks and neither have you! So, shut-the-Hell-up already” was written “Cuban Jew [swastika] kill Jew Heil Hitler.” May told his supervisor, labor relations, and security and provided Chrysler a copy of the note. May found another note in his toolbox on September 12. It said: “no one can help you fucken Cuban Jew We will get you Death to the Jews Cuban fag Die.” Chrysler and the police were informed. Additional threatening graffiti targeting May was found on September 19 and 22.

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Bluebook (online)
692 F.3d 734, 2012 WL 3608588, 2012 U.S. App. LEXIS 17820, 96 Empl. Prac. Dec. (CCH) 44,599, 115 Fair Empl. Prac. Cas. (BNA) 1409, Counsel Stack Legal Research, https://law.counselstack.com/opinion/otto-may-jr-v-chrysler-group-llc-ca7-2012.