Perry v. AutoZoners, LLC

954 F. Supp. 2d 599, 2013 WL 3146804, 2013 U.S. Dist. LEXIS 84985, 120 Fair Empl. Prac. Cas. (BNA) 609
District Court, W.D. Kentucky·Decided June 18, 2013·No. Civil Action No. 3:11-CV-00403-H·Published·Cited by 13 cases

Opinion

MEMORANDUM OPINION AND ORDER

JOHN G. HEYBURN II, District Judge.

Plaintiffs Shana Perry, Daryl Quiney and Damon Harper brought suit against their former employer, Defendant AutoZoners, LLC (“Autozone”)1 for alleged injuries suffered during their employment. Autozone filed two motions for summary judgment. First, Autozone moved for [604]*604summary judgment against Quiney and Harper on their joint claims for racial discrimination and retaliation. In a prior order, this Court dismissed all of Quiney and Harper’s claims, except for the racial discrimination claims based on their terminations. ECF No. 71.

Presently before the Court is Autozone’s motion for summary judgment as to Perry’s claims. After consideration of the lengthy briefs filed pursuant to this motion and oral argument by the parties, the Court will grant in part and deny in part Autozone’s motion for summary judgment. The Court has also reconsidered its dismissal of the retaliation claims of Quiney and Harper. The Court will reinstate those claims premised upon their terminations.

I.

The highly unusual and even bizarre circumstances of this case contribute to the Court’s difficulty in concluding a definitive analysis. The Court summarized the facts in its first opinion. The following are more tailored to Perry’s claims.

Autozone hired Perry in 1998 as a sales cashier at Store No. 603 located on Dixie Highway in Louisville, Kentucky (the “Shively Store”). Three months later, Autozone transferred Perry to Store No. 612 located on Broadway, also in Louisville, Kentucky (the “Broadway Store”). She worked as a sales cashier there until some point in 2008, when Autozone promoted her to Commercial Sales Specialist. In July of 2009, Perry became a member of management when Autozone promoted her to Commercial Sales Manager. During the summer of 2010, the relevant time period for this case, Mark DeHaan served as Manager of the Broadway Store.

On June 14, 2010, Perry claims to have experienced her first incident of sexual harassment when she visited the Broadway Store while off-duty. That day, De-Haan swatted her backside with a rolled up piece of paper and allegedly told Perry’s daughter that he would be her new stepfather. Around two weeks later, Perry contends that DeHaan engaged in frequent and persistent sexual harassment against her in the workplace, the details of which are lengthy and unnecessary to delve into presently, because the parties do not dispute the existence and nature of the incidents. During this time, Perry would tell DeHaan to cease his unrelenting behavior. However, he did not heed her requests, as the sexual harassment continued for three weeks.

On Friday, July 23, 2010, Perry conferred with the Broadway Store Assistant Manager, co-Plaintiff Quiney, and the two decided that Perry should report DeHaan. Perry called Dawn Brandenburg, the Regional Human Resources Manager, to request a meeting without indicating the reason for it. The following Monday, July 26, 2010, Brandenburg and Perry met, and Perry divulged the particulars of De-Haan’s conduct over the past month and a half. Allegedly, Brandenburg informed Perry that to carry through with the complaint against DeHaan, she must sign a written form documenting the specific allegations and acknowledging that she could be fired for her participation in the complaint. Perry agreed. She also indicated she did not feel comfortable working with DeHaan any longer, and Perry voluntarily assented to a temporary transfer to the Shively Store while Brandenburg investigated the accusations. While at the Shively Store on July 27, 2010, DeHaan called Perry to tell her that her transfer to the Shively Store was to be permanent, because Helstern had determined that her job performance was poor.

On July 29, 2010, Brandenburg conducted a formal interview with Perry. In [605]*605the interim and per Brandenburg’s instructions, Perry prepared a written statement documenting DeHaan’s inappropriate behavior and naming three witnesses to her harassment, two of whom are plaintiffs in the present action. Brandenburg allegedly again asked Perry to sign a document acknowledging that she could be fired for participating in the investigation. On August 3, 2010, Brandenburg interviewed Plaintiffs Quiney and Harper, who corroborated some of Perry’s accounts. The following day, Brandenburg interviewed DeHaan, who admitted to much of the behavior. Brandenburg suspended DeHaan immediately. She then forwarded the documents prepared during the investigation to her supervisor, Divisional Human Resources Manager Rich Thomson, who recommended De-Haan’s termination for violating Auto-zone’s sexual harassment policy. Regional Manager Jay Campbell approved the termination, and District Manager Donnie Helstern communicated the termination to DeHaan on August 6, 2010. Days later, Helstern communicated termination notices to Quiney and Harper, allegedly as a result of their failure to promptly report the sexual harassment they had witnessed.

After DeHaan’s termination, Perry returned to her position as Commercial Sales Manager at the Broadway Store under new Store Manager Jacob Limbach. She filed a charge with the Equal Employment Opportunity Commission on August 10, 2010, alleging sexual discrimination and retaliation. ECF No. 55-9. That same day, Helstern issued Perry a Corrective Action Review (“CAR”), on which he noted that the form was a “documentation of a verbal communication” regarding her failure to timely report her own sexual harassment and apparently her failure to comply with confidentiality requirements during the investigation.

Perry claims that her employment experience over the next several months, aside from the period she was on medical leave, was difficult. She claims Autozone stripped her of her store keys even though the other managers retained theirs. She received harassing phone calls at work from employees angry at her for getting the other men fired. When she reported these incidents to Helstern, he told her to get thicker skin. According to Perry, Helstern accused her of giving parts to customers without receiving payment, and that she had special relationships with certain customers with whom she colluded to steal from Autozone.

Perry claims that Helstern called her incessantly, three to four times a day. One of these calls allegedly came before her shift began, so she would always have a message waiting for her upon arrival. Helstern would question whether she attended conference calls and spoke down to her frequently. • When Perry complained about this treatment, Helstern told her that she did not have the right to question his manner of speaking to her and informed her that she could be reprimanded for insubordination. She reported Helstern’s behavior to Limbach, who she claims did nothing in response.

On February 4, 2011, Perry called Brandenburg to request a transfer to the Shively Store, reasoning that she could no longer work under Helstern. Brandenburg wanted Perry to sign a formal request for transfer, but Perry refused. She claims Brandenburg would not include on the transfer request form the reason for the request, so she was unwilling to sign the document. Perry remained at the Broadway Store.

In February, Brandenburg set up a meeting with Perry and Helstern, ostensibly to discuss the communication issues [606]*606between the two. During the meeting, Helstern explained that he reigned closely over Perry because her sales numbers were low.

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Perry v. AutoZoners, LLC, 954 F. Supp. 2d 599, 2013 WL 3146804, 2013 U.S. Dist. LEXIS 84985, 120 Fair Empl. Prac. Cas. (BNA) 609 (W.D. Ky. 2013).

954 F. Supp. 2d 599 (Perry v. AutoZoners, LLC) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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