Patty Cleveland v. Southern Disposal Waste Connections

491 F. App'x 698
CourtCourt of Appeals for the Sixth Circuit
DecidedAugust 9, 2012
Docket11-5228
StatusUnpublished
Cited by28 cases

This text of 491 F. App'x 698 (Patty Cleveland v. Southern Disposal Waste Connections) 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
Patty Cleveland v. Southern Disposal Waste Connections, 491 F. App'x 698 (6th Cir. 2012).

Opinion

CLAY, Circuit Judge.

Plaintiff Patty Cleveland appeals the district court’s order granting summary judgment in favor of her former employer, Defendant Southern Disposal Waste Connections. Plaintiff alleges that after she was denied various positions within the company and filed a number of complaints, Defendant engaged in racial discrimination against her based on the failure to promote, took actions of retaliation, created a hostile work environment, and permitted a constructive discharge in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.

For the reasons set forth below, we AFFIRM the judgment of the district court.

BACKGROUND

Plaintiff is an African American woman formerly employed by Defendant, Southern Disposal Waste Connections (Southern Disposal), a waste collection business. In 2001, Plaintiff worked as a waste-hauling driver and then in 2006 transitioned to a customer service representative until her resignation on January 14, 2008. During the relevant time period, Tim Fadul (Fa-dul) and Randy Cannon (Cannon) served, respectively, in the capacity of district manager and supervisor for the Defendant.

A. Plaintiffs Sex Discrimination and Retaliation Allegations

On September 21, 2005, Plaintiff filed a complaint with the Equal Employment Opportunity Commission (EEOC) wherein she alleged sex discrimination and retaliation. According to the complaint, Plaintiffs sex discrimination charge stemmed from an incident in which the operations manager and Fadul required her to drive a garbage truck, but they allowed a male employee to decline the assignment. Plaintiff alleged in her complaint that if she refused to drive the garbage truck, then Fadul would consider her inaction as a refusal to work, which could possibly lead to her termination.

On January 12, 2006, Plaintiff amended her EEOC complaint to include a second charge of sex discrimination and retaliation. Plaintiff alleged in her amended complaint that over a four-day period, Defendant paid a black male more money to drive the garbage truck compared to her. Plaintiff also stated that Defendant retaliated against her by assigning her to drive the garbage truck and receive less pay after she previously filed a sexual harassment claim when the company was known as Ecco. Plaintiff did not seek relief for the alleged Title VII violations raised in both her 2005 and 2006 complaints, but she argues that the filing of those charges constituted “the protected activity which Defendant later retaliated against her in violation of Title VII.” On November 30, 2006, the EEOC issued a “dismissal and notice of rights” letter to Plaintiff, which stated that it was closing Plaintiffs file after finding no violation of Title VII.

*701 B. Plaintiff’s Promotion Requests

During her employment at Southern Disposal, Plaintiff applied for, but was denied, a promotion to the position of dispatcher on two separate occasions. Plaintiff first applied for the dispatch position in 2006. Defendant stated that it denied Plaintiffs promotion because Fadul transferred Lashaundra Jackson, an African American woman, from her position as customer service representative to the position of interim dispatcher. Fadul explained in his declaration that he hired Jackson because she had experience with dispatch duties while Plaintiff did not have the same level of dispatch experience or a performance record comparable to Jackson’s. Plaintiff applied again for the dispatch position in 2007. Defendant selected Felicia Williams, also an African American woman, for the position. Fadul stated that he awarded Williams the dispatcher position because of her prior work performance record and because she had a flexible schedule that was necessary for the position.

In April 2007, Plaintiff applied for a shop coordinator position. Defendant hired Robert Lingle, a white male, for the position because Lingle had ten years of experience directly related to the position and Plaintiff had no such comparable experience.

Approximately three months later in July 2007, Plaintiff applied for the position of customer service manager. Defendant declined to hire Plaintiff after she admitted during an informal interview that “she had no experience supervising a group of employees, directing their work, guiding their performance, or disciplining employees.” Instead, Defendant selected Marcie Wright, a white female, for the position. Wright possessed a number of years of management experience.

C. Plaintiffs Suspension from Southern Disposal and Subsequent Resignation

On October 3, 2007, while serving as a customer service representative, Plaintiff received a cash payment of $110 from a customer. According to company protocol, Plaintiff was required to place the money in a sealed envelope and deposit it into a locked drop box. On the following day, the customer service manager went to retrieve the prior days payments from the lock box and noticed that the sealed envelope containing Plaintiffs payment was missing. 1 Defendant conducted an investigation, which included interviewing witnesses and reviewing payment receipts, and discovered that Plaintiff somehow mishandled the customer’s payment. When Plaintiff was unable to provide an explanation for the missing payment, Defendant issued Plaintiff an unpaid, two-week suspension.

On October 4, 2007, Plaintiff contacted Southern Disposal’s human resources department complaining of discrimination and retaliation. Four days later, on October 8, Plaintiff sent a follow up email to human resources claiming that she was discriminated and retaliated against by Defendant after the company (1) removed Plaintiff from her current position without explanation; (2) refused to promote her to the position of customer service manager; (3) refused to issue a rejection letter after she refused to sign a document; and (4) falsely accused her of stealing money. Plaintiff also alleged that Defendant retaliated against her after she sent an email to her supervisor, Cannon, about misleading information with respect to the customer payment.

On November 12, 2007, Plaintiff met with Fadul. Following their meeting, Fa- *702 dul offered Plaintiff a voluntary severance package. Plaintiff declined Fadul’s offer and continued to work in her same position with no loss of pay, benefits, or responsibilities. On November 14, 2007, Plaintiff filed another charge with the EEOC and alleged race and age discrimination and retaliation. Plaintiff stated in her complaint that she applied for but was denied the dispatcher and shop coordinator positions and alleged that Defendant selected less qualified and younger candidates for the position. In addition, Plaintiff claimed that she suffered retaliation for filing her 2005 EEOC complaint, mishandling the customer payment, and also being offered a severance package.

D. Plaintiffs Allegations of a Hostile Work Environment

Plaintiff claims that management and other employees made disparaging remarks about her.

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491 F. App'x 698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/patty-cleveland-v-southern-disposal-waste-connections-ca6-2012.